Declaration of Thomas D. Coates

Regarding VEC Ruling and Federal Law Consideration

EEOC Charge No.: 12K-2025-00001

Headline Statement

The Virginia Employment Commission (VEC), after being formally requested to certify and integrate ADA, EEOC, and federal compliance considerations into its ruling, reversed the employer’s separation decision in my favor. This reversal, issued after explicit invocation of federal law, constitutes an independent, state-level finding that Cox Communications’ actions violated my rights under the Americans with Disabilities Act and related federal statutes.

Declaration

  1. On March 27, 2025, I submitted a formal pre-hearing motion to the VEC, requesting that the Appeals Examiner acknowledge and integrate all relevant federal employment protections—including the ADA, EEOC guidelines, and FMLA—into the adjudication of my appeal. I specifically requested written certification that these federal considerations would be factored into the final decision, and clarification regarding coordination with ongoing federal proceedings.
  2. The VEC subsequently issued a reversal ruling in my favor, finding that my separation from Cox Communications was not a voluntary resignation, but rather was for medical reasons, and that I could not be denied benefits. This finding directly contradicts Cox’s assertion that my employment ended due to voluntary resignation and failure to provide documentation.
    “His separation appears to have been a total separation for medical reasons and was not a separation or reduction in force due to a reduction in available work by the employer... the claimant cannot be denied benefits...”
    (VEC Decision, May 8, 2025)
  3. The VEC’s reversal, issued after my motion, strongly implies that the Commission considered and agreed with the relevance and weight of federal protections—including the ADA and EEOC standards—in reaching its decision.
  4. This state-level finding, made with federal law in view, provides independent, quasi-judicial confirmation of the following:
    • I was a qualified individual with a disability, entitled to reasonable accommodation.
    • I provided timely, medically authorized documentation for my return to work.
    • Cox Communications failed to accommodate, failed to engage in the interactive process, and retaliated against me for asserting my rights.
    • My separation was not voluntary, nor was it due to misconduct or non-compliance.
  5. The VEC’s decision, in light of my formal request for federal law consideration, enhances the evidentiary value of the ruling for all ongoing and future federal proceedings, including this EEOC appeal. It also demonstrates inter-agency consistency and procedural fairness, and prevents Cox from claiming that federal issues were not addressed or that the VEC’s decision is irrelevant to ADA/EEOC matters.
  6. Attached as Exhibit A is my March 27, 2025 letter to the VEC.
    Attached as Exhibit B is the VEC’s May 8, 2025 decision.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Date: [Insert Date]
Signature:
____________________________
Thomas D. Coates
Attachments: