Violation #4: Retaliatory Misrepresentation of Confidentiality & Suppression of Advocacy Rights

I. PARTIES AND JURISDICTION

ComplainantThomas D. Coates
Respondent(s)Cox Communications, Inc., Attorney Justin Myers
Jurisdiction EEOC Charge No.: 12K-2025-00001
Virginia OCR 25-3132
ABA Professional Responsibility Rules
DOJ & SEC Oversight of Ethical Conduct by Corporate Counsel

II. TIMELINE OF EVENTS

Date Event/Action Evidence Ref.
12/05/2024 Complainant formally notifies Cox executives of intent to engage with advocacy organizations and social media platforms Ex. 5A (Attached Amplifying Advocacy letter)
04/11/2025 Cox counsel (Justin Myers) asserts overbroad confidentiality in EEOC position letter, attempting to restrict complainant’s public advocacy Ex. 5B (Attached Cox April 11, 2025 letter)
04/17/2025 Complainant formally rejects the attempt, citing retaliatory intent and misrepresentation of the law Ex. 5C (Attached April 17, 2025 Response)

III. STATUTES AND POLICIES VIOLATED

Statute/Regulation Description Policy Guidance
ADA, 42 U.S.C. § 12203(a) Retaliation for protected activity (public advocacy) EEOC Enforcement Guidance on Retaliation
Title VII, 42 U.S.C. § 2000e-3(a) Retaliation for filing EEOC charge EEOC Compliance Manual, Section 8
NLRA Section 7 Interference with protected concerted activity NLRB v. Main Street Terrace, 598 F.3d 270 (4th Cir. 2022)
ABA Model Rule 1.13(b) Duty of corporate counsel to report misconduct Commentary on Rule 1.13
ABA Model Rule 8.4(c) Prohibition of dishonest conduct by lawyers Commentary on Rule 8.4

IV. MATERIAL INCONSISTENCIES & FALSE ASSERTIONS

Assertion/Statement Source Contradictory Evidence Implication
"Disclosure of EEOC charge materials is strictly prohibited" Cox April 11, 2025 Position Letter U.S. law and December 5 letter authorize disclosure (Ex. 5A, 5C) Misrepresentation of the law, retaliatory intent
"Coates' claims are speculative and lack merit" Cox April 11, 2025 Position Letter This is the only review and they cannot prove speculation, but it has been stated, Failure to acknowledge or account for significant supporting evidence

V. POLICY ANALYSIS

Policy Requirement What Should Have Happened Actual Action Deviation
ADA/Title VII Retaliation Prohibitions Refrain from actions that deter protected activity Attempted to suppress public advocacy Direct violation of retaliation laws
ABA Rules of Professional Conduct Provide accurate legal advice, refrain from misleading statements Misrepresented EEOC confidentiality rules Breach of ethical duties

VI. RESPONSIBLE PARTIES & RELATED INDIVIDUALS

Name Title/Role Involvement
Justin Myers Attorney, Littler Mendelson (for Cox) Made misrepresentations, attempted to suppress advocacy
[Executive(s) who approved/directed letter] Cox Leadership [If known, indicate approval/direction]

VII. PRIOR FILINGS & EVIDENCE OF PATTERN

Date Filing/Agency Case/Reference Status/Outcome
12/05/2024 Cox Executives Notification of public advocacy Formal communication on file
05/15/2025 EEOC 12K-2025-00001 Pending
[If applicable] State Bar Association [Potential bar complaint ref #] [Future possibility]

VIII. EXHIBITS & EVIDENCE

IX. RELIEF AND REMEDIES SOUGHT

  1. Formal retraction of confidentiality misstatements from the Cox filing.
  2. Confirmation that all relevant Cox executives are aware of the ethical and legal obligations.
  3. Review of attorney Myers’ conduct by the Virginia State Bar for ethical violations.
  4. Referral to DOJ or SEC.
  5. Any other relief.

X. SERVICE AND NOTICE TO THIRD PARTIES

Notice: This addendum is intended to satisfy the recordkeeping, disclosure, and transmission requirements of all referenced agencies and courts. All parties are requested to preserve, review, and incorporate this record in accordance with applicable law.
Respectfully Submitted,
/s/ Thomas D. Coates
tdcoates@gmail.com  |  (757) 374-3539
Dated: May 27, 2025