EEOC Charge No.: 12K-2025-00001
DOJ ADA Complaint No.: 536785-LFD
DOL WHD Matter: [Insert if applicable]

Complainant’s Rebuttal – Part 2A (with Notice of Forthcoming Part 2B)

TO: U.S. Equal Employment Opportunity Commission (via Portal and direct email)
CC:

• District Director, EEOC Norfolk Area Office
• Chief, U.S. EEOC (Washington DC)
• U.S. Department of Justice, Civil Rights Division (Disability Rights Section)
• U.S. Department of Labor, Wage and Hour Division
• Virginia Office of the State Inspector General
• Office of the Governor of Virginia
• U.S. Office of Special Counsel
• U.S. Office of Personnel Management, Equal Opportunity Office
• U.S. Commission on Civil Rights
• National Employment Lawyers Association (NELA)
• Disability Rights Education & Defense Fund (DREDF)

RE: Submission of Rebuttal – Part 2A (with Notice of Forthcoming Part 2B), Record Preservation, and Demand for Ongoing Investigation

Introduction and Procedural Posture:
This filing constitutes Part 2A of my rebuttal, submitted under protest and subject to supplementation. Part 2B will follow, as permitted by EEOC and federal rules, to ensure a complete and accurate record. This submission is made in response to Investigator Perez’s May 27, 2025 deadline and is simultaneously transmitted to EEOC leadership, DOJ, DOL, and all listed oversight agencies for record preservation and cross-agency review.

Legal Authority for Supplementation and Record Preservation:
This filing is submitted pursuant to 29 C.F.R. § 1601.15(b) (right to submit evidence prior to final determination), 5 U.S.C. § 555(b) (APA right to supplement the record), and the EEOC-DOJ-DOL Memorandum of Understanding (2018, revised 2022) for systemic and cross-agency enforcement. All parties are hereby notified that the record must remain open for Part 2B and any further supplements.

Four Mechanisms to Prevent Summary Closure or Short-Circuiting:

1. Explicit Reservation of Rights: This Part 2A is submitted with an express reservation of the right to supplement and amend, and no final determination may be made until Part 2B and all other rebuttal materials are received and docketed.
2. Cross-Agency Lodgment: This filing is simultaneously lodged with oversight agencies and public interest advocates, ensuring that any summary closure or adverse action will be immediately subject to cross-agency review and possible judicial intervention.
3. Demand for Written Rulings on All Motions: All pending motions, including those to the District Director and EEOC Chief, must be ruled upon in writing before any summary finding or closure of the record. Failure to do so will be treated as a denial of due process and escalated accordingly.
4. Trigger for Expanded Investigation: The record, as now supplemented, demonstrates unresolved factual disputes, systemic patterns of noncompliance by Cox, and evidence of collusion and false reporting involving MetLife and the Virginia Employment Commission. These facts require expansion, not closure, of the investigation under 42 U.S.C. § 2000e-5(b) and 29 C.F.R. § 1601.18(b).

Why Further Investigation is Required:

• Recent evidence and cross-agency filings show that Cox Communications is likely under conciliation or compliance agreements with DOL, yet similar violations have recurred in less than three years in the same office, raising questions of systemic noncompliance and possible breach of federal orders.
• Two federal court cases (see attached citations) document nearly identical patterns of retaliation and ADA/FMLA interference by Cox, supporting the need for pattern-or-practice review and coordinated enforcement.
• Part 2B will present evidence of MetLife’s collusion and Cox’s false reporting to the Virginia Employment Commission, further implicating multiple agencies and the need for a broadened investigation.

Instructions to All Agencies and Recipients:

• The record must remain open for Part 2B and all future supplements until all pending factual disputes, motions, and cross-agency issues are fully resolved and ruled upon in writing.
• Any attempt to summarily close, dismiss, or short-circuit this matter before full review and written rulings on all issues will be treated as a violation of due process and reported to all oversight agencies and, if necessary, to federal court.
• All agencies and public interest groups are requested to acknowledge receipt, preserve the record, and provide shadow guidance or amicus support as appropriate.

Notice: This filing and all supporting documents are 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,
Thomas D. Coates
tdcoates@gmail.com | (757) 374-3539
Dated: May 27, 2025