Violation #1: Retaliatory Write-Up Following Protected Leave Request
I. PARTIES AND JURISDICTION
| Complainant | Thomas D. Coates |
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| Respondent(s) | Cox Communications, Inc. & MetLife |
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| Jurisdiction |
EEOC Charge No.: 12K-2025-00001
DOJ ADA Complaint No.: 536785-LFD
Most recent adverse action: June 20, 2024 (timely under 42 U.S.C. § 2000e-5(e)(1))
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II. TIMELINE OF EVENTS
| Date |
Event/Action |
Evidence Ref. |
| 06/19/2024 |
Complainant requests FMLA/medical leave from supervisor |
Ex. 1A (email, Workday log) |
| 06/20/2024 |
Supervisor, with HR Director, issues negative evaluation and written warning |
Ex. 2B (Workday log, written warning) |
III. STATUTES AND POLICIES VIOLATED
| Statute/Regulation |
Description |
Policy Guidance |
| FMLA, 29 U.S.C. § 2615 |
Interference, retaliation regarding protected leave |
DOL FMLA Regs. § 825.220 |
| ADA, 42 U.S.C. § 12112(b)(4) |
Associational disability discrimination, retaliation |
EEOC Enforcement Guidance § 2.3(a)(iii) |
| Title VII, 42 U.S.C. § 2000e-3(a) |
Retaliation for protected activity |
EEOC Compliance Manual § 8 |
| Cox HR-405 |
Failure to follow internal accommodation/discipline policy |
Cox Employee Handbook |
IV. MATERIAL INCONSISTENCIES & FALSE ASSERTIONS
| Assertion/Statement |
Source |
Contradictory Evidence |
Implication |
| "Performance issues pre-dated protected activity" |
Cox Position Statement (04/2025) |
No prior negative reviews before leave request (Ex. 2B, 2C) |
Pretext for retaliation |
| "No retaliation occurred" |
Cox Position Statement (04/2025) |
Temporal proximity of leave request and write-up (Ex. 1A, 2B) |
Retaliation established |
V. POLICY ANALYSIS
| Policy Requirement |
What Should Have Happened |
Actual Action |
Deviation |
| Cox HR-405: Timely, fair discipline process |
Discipline based on objective criteria, not protected activity |
Discipline issued immediately after leave request |
Improper, retaliatory motive |
VI. RESPONSIBLE PARTIES & RELATED INDIVIDUALS
| Name |
Title/Role |
Involvement |
| Azariah Workman |
HR Director, Cox |
Approved retaliatory action |
| Keith Wilson |
Supervisor, Cox |
Initiated adverse action |
VII. PRIOR FILINGS & EVIDENCE OF PATTERN
| Date |
Filing/Agency |
Case/Reference |
Status/Outcome |
| 05/15/2025 |
EEOC |
12K-2025-00001 |
Pending, multiple motions |
VIII. EXHIBITS & EVIDENCE
- Ex. 1A: June 19, 2024 leave request email
- Ex. 2B: June 20, 2024 Workday log (write-up)
- Ex. 2C: June 25, 2024 HR correction request
IX. RELIEF AND REMEDIES SOUGHT
- Immediate investigation of retaliatory discipline and restoration of record
- Corrective action and sanctions for retaliation/discrimination
- Referral to DOJ and DOL for coordinated enforcement
- Any other relief deemed just and proper
X. SERVICE AND NOTICE TO THIRD PARTIES
- EEOC Norfolk Area Office
- Cox Communications, Inc. HR and Legal
- U.S. Department of Justice, Civil Rights Division
- U.S. Department of Labor, Wage and Hour Division
- Other relevant state and federal oversight agencies
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