Violation #4: Retaliatory Misrepresentation of Confidentiality & Suppression of Advocacy Rights
I. PARTIES AND JURISDICTION
Complainant | Thomas 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
- Ex. 5A: Letter sent to Kia Painter (12/05/2024), notifying of intent to engage with advocacy groups.
- Ex. 5B: First page of the 2025 Letter
- Ex. 5C: Rejection of 4/17 and intent to advocate,
IX. RELIEF AND REMEDIES SOUGHT
- Formal retraction of confidentiality misstatements from the Cox filing.
- Confirmation that all relevant Cox executives are aware of the ethical and legal obligations.
- Review of attorney Myers’ conduct by the Virginia State Bar for ethical violations.
- Referral to DOJ or SEC.
- Any other relief.
X. SERVICE AND NOTICE TO THIRD PARTIES
- EEOC Norfolk Area Office
- Cox Communications, Inc. HR and Legal
- Attorney Justin Myers, Littler Mendelson, P.C.
- Virginia State Bar (for potential ethical review)
- U.S. Securities and Exchange Commission (for potential SOX implications)
- U.S. Department of Justice, Civil Rights Division
- SEC Office of the Whistleblower
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