| Complainant | Thomas D. Coates |
|---|---|
| Respondent(s) | Cox Communications, Inc., Keith Wilson, Jennifer Melton |
| Jurisdiction |
EEOC Charge No.: 12K-2025-00001 U.S. District Court (Potential Claim) Federal Labor Relations Authority (Unfair Labor Practice Implicated) US Merit system protection act (if US military employed with Cox) |
| Date | Event/Action | Evidence Ref. |
|---|---|---|
| 07/19/2024 | Complainant is told that his job may not be held if you took too much time. | https://erniewood.neocities.org/NOW.html/0000000000adaformcoa07192024 |
| 12/30/2024 | "Unpaid leave of absence was approved through December 29, 2024. You were provided with clear instructions regarding the expectation that you return to work on December 30, 2024. You failed to do so.", | emails from Jennifer Melton on December 9, 2024 and December 31, 2024, and from me on January 1, 2024, Keith Wilson letter Exhibit 6A |
| 01/02/2025 | Clear instructions to return to work on Thursday, January 2nd, 2025. Unfortunately, you did not report to work as scheduled, nor did you provide the required return-to-work release documentation.", Keith Wilson letter, email Ex 6A | https://erniewood.neocities.org/NOW.html/0000000000adaformcoa07192024 |
| 01/03/2025 | Voluntary resignation" Ex6A letter, email Exhibit 6A | https://erniewood.neocities.org/NOW.html/0000000000adaformcoa07192024 |
| 01/03/2025 | I will immediately fix it and present the full text directly on screen from now on, or I will provide HTML copyable code, never an image or an inaccessible format unless you explicitly ask for it. Ex 6A letter, email Exhibit 6A Let’s correct it right now. Here’s the full scaffolded, formal, detailed report based on your "Formal Demand for Remediation" email — laid out properly in clear, structured text directly here: | Ex 6B |
| Statute/Regulation | Description | Policy Guidance |
|---|---|---|
| ADA, 42 U.S.C. § 12112(b)(5)(A) | Failure to engage in a good faith interactive process to find reasonable accommodation and the doctor stated to do so. | EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship |
| ADA, 42 U.S.C. § 12203 | Retaliation for requesting ADA accommodation | EEOC Compliance Manual Section 8: Retaliation |
| FMLA, 29 U.S.C. § 2615(a)(2) | FMLA violation. | 29 C.F.R. § 825.220(c) |
| USERRA, 38 U.S.C. § 4311 | If US military, it is a violation of veteran rights. | U.S. Department of Labor Vets Guide |
| Assertion/Statement | Source | Contradictory Evidence | Implication |
|---|---|---|---|
| "Your failure to return to work constitutes a voluntary resignation under Cox’s Unpaid Leave of Absence policy." | Keith Wilson letter Ex 6A | Did not have a clear conversation but continued to try and submit evidence. | It was a denial of reasonable action. |
| "As outlined in our previous communications (including, but not limited to, emails from Jennifer Melton on December 9, 2024 and December 31, 2024, and from me on January 1, 2024), your unpaid leave of absence was approved through December 29, 2024. You were provided with clear instructions regarding the expectation that you return to work on December 30, 2024. You failed to do so. You were then provided clear instructions to return to work on Thursday, January 2nd, 2025. Unfortunately, you did not report to work as scheduled, nor did you provide the required return-to-work release documentation." | Ex 6A | He wanted to submit documentation but was not being provided an opportunity. | His rights were being circumvented by a passive aggressive process. |
| Policy Requirement | What Should Have Happened | Actual Action | Deviation |
|---|---|---|---|
| ADA compliance from Cox Communication | Cox Communication was suppose to engage in good faith interactive process to find reasonable accommodation. | But was met with a wall of paperwork. | The company and individual was not engaging in good faith |
| Not retaliating against a complainant. | The company was suppose to acknowledge his complaint and take steps to ensure what happened to him would not happen to others | There was a denial of reasonable action, while also being retaliated against. | A violation. |
| Name | Title/Role | Involvement |
|---|---|---|
| Keith Wilson | VP, Employee Experience & Compliance | Sent separation letter Ex 6A |
| Jennifer Melton | CCI-Atlanta Ex 6A | Email chain Ex 6A |
| Kia Painter | Senior VP of Operations | Not responding and therefore complicit |
| Date | Filing/Agency | Case/Reference | Status/Outcome |
|---|---|---|---|
| Ongoing | This complaint | EEOC Case No. 12K-2025-00001 |
There appears to be non compliance |
| 29. NERC found that Defendant "requiring [Anderson] to apply for positions she was qualified for, only to deny her application with little to no regard of accommodating the lifting requirement in her current positions that was not listed as an essential duty/requirement was a failed accommodation attempt." Id. ", (Anderson Case) | Federal litigation involving | Sony Music v. Cox and https://casetext.com/case/nerc-v-anderson | Pattern of violations |