Formal Rebuttal and Demand for Testimony

FORMAL REBUTTAL AND DEMAND FOR SWORN TESTIMONY AND DATA PRESERVATION

This filing is submitted to memorialize and document a critical mass of evidence, activism, and self-advocacy in the face of ongoing retaliation and discrimination by Cox Communications, Inc. It directly and specifically refutes the assertions and omissions in Cox’s position statement, demonstrates procedural and substantive violations, and demands corrective action and cross-agency review.

Importantly, there is a wealth of additional facts and prima facie violations that were not even mentioned in Cox’s position statement. These include documented payroll irregularities, ADA/FMLA violations, HIPAA breaches, and a pattern of retaliation and record falsification. These facts will be made known in forthcoming addenda, and each will be supported by direct evidence and sworn testimony.

As for the position statement itself, the following are the ten most legally damaging violations and structural weaknesses. For each, we will systematically drill down into four specific areas: (1) the individuals/principals involved, (2) the relevant records and systems, (3) the data to be extracted and preserved, and (4) the demand for sworn testimony or affidavit under penalty of perjury.

I. SYSTEMATIC FORENSIC DRILLDOWN ON TOP 10 VIOLATIONS

#	Violation	Individuals/Principals	Records & Systems	Forensic Data/Discovery Actions	Testimony/Demand
1	Unsigned, Unverified Submission 29 C.F.R. § 1601.18(c)	Justin Miles (Outside Counsel), Kia Painter (Chief Compliance Officer), Lakita Gaines (HR Lead)	Final position statement file; Submission logs (EEOC portal, email); Internal approval emails	- Extract digital signature metadata - Pull all email chains approving submission - Identify all contributors and reviewers in document properties - Preserve all drafts and transmission records	Demand sworn affidavit from Justin Miles and Kia Painter attesting to authorship, review, and certification of all factual assertions.
2	No Sworn Affidavits Attached EEOC Enforcement Guidance (1996), Part IV(A)	Kia Painter, Lakita Gaines, Inelyz Martinez, Donte Holmes	HR case files; Internal investigation notes; List of all managers/decision-makers referenced	- Identify all factual claims lacking sworn support - Extract HR case file sign-off logs - Pull all internal emails referencing “affidavit” or “declaration” - List all witnesses for subpoena	Demand sworn declarations from each named principal for every material assertion made.
3	Verbal Conversation Claims with No Records 29 C.F.R. § 1601.15(c)	HR Manager (assigned), Kia Painter, Donte Holmes	Phone logs, call records (VOIP, Teams/Zoom), Email follow-ups, HRIS notes	- Subpoena call logs for all dates referenced - Extract Teams/Zoom/Slack call records - Forensically review HRIS notes for edits/creation dates - Demand production of all contemporaneous documentation	Each HR principal must provide a sworn statement with date/time, attendees, and substance of every referenced conversation.
4	Contradictory Payroll Statements FLSA 29 U.S.C. § 211(c); 26 U.S.C. § 7206	Payroll Administrator, MetLife Coordinator, Ursula Rogers	Payroll system logs (Workday, ADP), Paystubs, IRS filings, MetLife STD claim records	- Pull all paystubs and payroll logs for relevant periods - Compare payroll to MetLife claim periods - Extract IRS/SSA reporting for same intervals - Forensically analyze “Stay Pay” entries and zeroed-out pay	Sworn payroll administrator and MetLife coordinator testimony on all entries, discrepancies, and reporting.
5	Fabricated Access/Return Narrative ADA Title I, 42 U.S.C. § 12112(d)(4)	Jennifer Melton, Inelyz Martinez	Physician RTW letters, ADA accommodation forms, HRIS access logs	- Extract and compare all RTW documentation - Audit HRIS access block/restore records - Subpoena physician communications	Testimony from HR and medical contacts on RTW instructions, access restoration, and timeline.
6	Improper Footnotes to Disclaim Responsibility EEOC Compliance Manual Section 605	Justin Miles (author), Cox Legal Team	Drafts of position statement, Email chains about footnotes, Internal legal review notes	- Demand production of all drafts and revision history - Identify all contributors to disclaimers - Subpoena legal team for rationale behind disclaimers	Sworn affidavit from each legal drafter as to accuracy and intent of disclaimers.
7	Performance Records Misrepresented 29 C.F.R. § 1601.15(c)	Donte Holmes, Scorecard Administrator, Performance Coach	Scorecard logs, Performance review emails, Accommodation request records	- Pull all performance review drafts and final versions - Audit for edits after accommodation requests - Compare timeline to ADA/FMLA requests	Sworn testimony from all reviewers on content, timing, and knowledge of accommodations.
8	Ignoring Disability Status in Harassment Claims 42 U.S.C. § 12112(b); ADA	Supervisors, HR Compliance, Jennifer Melton	Medical records, Email notifications, HR complaint logs	- Extract all emails referencing disability or ADA - Audit HR complaint system for entries and responses - Subpoena supervisors for knowledge and response	Testimony from all involved on knowledge of disability and steps taken.
9	No Internal Investigation or Documentation 29 C.F.R. § 1601.15(c); § 1601.18	Lakita Gaines, Internal HR Compliance Officer, Ursula Rogers	Internal investigation files, Interview notes, HRIS audit logs	- Demand all investigation notes and logs - Subpoena all interview participants - Forensically review HRIS for undeclared edits	Sworn affidavits from all compliance officers regarding investigation scope and findings.
10	Improper Grouping of EEOC Matters 29 C.F.R. § 1601.9; § 1601.12(b)	Alexander Perez (EEOC), Cox Legal Team	EEOC charge files, Internal legal memos, Correspondence with EEOC	- Pull all correspondence regarding charge grouping - Audit EEOC and Cox records for consolidation discussions - Identify all legal team members involved	Sworn testimony from Perez and Cox legal on rationale, process, and due process compliance.

Violation

Individuals/Principals

Records & Systems

Forensic Data/Discovery Actions

Testimony/Demand

Unsigned, Unverified Submission
29 C.F.R. § 1601.18(c)

Justin Miles (Outside Counsel),
Kia Painter (Chief Compliance Officer),
Lakita Gaines (HR Lead)

Final position statement file;
Submission logs (EEOC portal, email);
Internal approval emails

- Extract digital signature metadata
- Pull all email chains approving submission
- Identify all contributors and reviewers in document properties
- Preserve all drafts and transmission records

Demand sworn affidavit from Justin Miles and Kia Painter attesting to authorship, review, and certification of all factual assertions.

No Sworn Affidavits Attached
EEOC Enforcement Guidance (1996), Part IV(A)

Kia Painter, Lakita Gaines, Inelyz Martinez, Donte Holmes

HR case files;
Internal investigation notes;
List of all managers/decision-makers referenced

- Identify all factual claims lacking sworn support
- Extract HR case file sign-off logs
- Pull all internal emails referencing “affidavit” or “declaration”
- List all witnesses for subpoena

Demand sworn declarations from each named principal for every material assertion made.

Verbal Conversation Claims with No Records
29 C.F.R. § 1601.15(c)

HR Manager (assigned), Kia Painter, Donte Holmes

Phone logs, call records (VOIP, Teams/Zoom),
Email follow-ups,
HRIS notes

- Subpoena call logs for all dates referenced
- Extract Teams/Zoom/Slack call records
- Forensically review HRIS notes for edits/creation dates
- Demand production of all contemporaneous documentation

Each HR principal must provide a sworn statement with date/time, attendees, and substance of every referenced conversation.

Contradictory Payroll Statements
FLSA 29 U.S.C. § 211(c); 26 U.S.C. § 7206

Payroll Administrator,
MetLife Coordinator,
Ursula Rogers

Payroll system logs (Workday, ADP),
Paystubs, IRS filings,
MetLife STD claim records

- Pull all paystubs and payroll logs for relevant periods
- Compare payroll to MetLife claim periods
- Extract IRS/SSA reporting for same intervals
- Forensically analyze “Stay Pay” entries and zeroed-out pay

Sworn payroll administrator and MetLife coordinator testimony on all entries, discrepancies, and reporting.

Fabricated Access/Return Narrative
ADA Title I, 42 U.S.C. § 12112(d)(4)

Jennifer Melton, Inelyz Martinez

Physician RTW letters,
ADA accommodation forms,
HRIS access logs

- Extract and compare all RTW documentation
- Audit HRIS access block/restore records
- Subpoena physician communications

Testimony from HR and medical contacts on RTW instructions, access restoration, and timeline.

Improper Footnotes to Disclaim Responsibility
EEOC Compliance Manual Section 605

Justin Miles (author),
Cox Legal Team

Drafts of position statement,
Email chains about footnotes,
Internal legal review notes

- Demand production of all drafts and revision history
- Identify all contributors to disclaimers
- Subpoena legal team for rationale behind disclaimers

Sworn affidavit from each legal drafter as to accuracy and intent of disclaimers.

Performance Records Misrepresented
29 C.F.R. § 1601.15(c)

Donte Holmes,
Scorecard Administrator,
Performance Coach

Scorecard logs,
Performance review emails,
Accommodation request records

- Pull all performance review drafts and final versions
- Audit for edits after accommodation requests
- Compare timeline to ADA/FMLA requests

Sworn testimony from all reviewers on content, timing, and knowledge of accommodations.

Ignoring Disability Status in Harassment Claims
42 U.S.C. § 12112(b); ADA

Supervisors,
HR Compliance,
Jennifer Melton

Medical records,
Email notifications,
HR complaint logs

- Extract all emails referencing disability or ADA
- Audit HR complaint system for entries and responses
- Subpoena supervisors for knowledge and response

Testimony from all involved on knowledge of disability and steps taken.

No Internal Investigation or Documentation
29 C.F.R. § 1601.15(c); § 1601.18

Lakita Gaines,
Internal HR Compliance Officer,
Ursula Rogers

Internal investigation files,
Interview notes,
HRIS audit logs

- Demand all investigation notes and logs
- Subpoena all interview participants
- Forensically review HRIS for undeclared edits

Sworn affidavits from all compliance officers regarding investigation scope and findings.

Improper Grouping of EEOC Matters
29 C.F.R. § 1601.9; § 1601.12(b)

Alexander Perez (EEOC),
Cox Legal Team

EEOC charge files,
Internal legal memos,
Correspondence with EEOC

- Pull all correspondence regarding charge grouping
- Audit EEOC and Cox records for consolidation discussions
- Identify all legal team members involved

Sworn testimony from Perez and Cox legal on rationale, process, and due process compliance.

II. NEXT STEPS AND PRESERVATION DEMANDS

Immediate preservation of all digital and physical records, including HRIS, payroll, Teams/Slack, and email systems.

Formal demand for sworn affidavits or deposition readiness from each principal named above.

Notice that additional prima facie violations and facts not addressed in the position statement will be submitted in forthcoming addenda and are hereby incorporated by reference.

Request for EEOC to order Cox to produce all referenced documents, logs, and communications within 10 business days, and to require sworn certification of completeness and accuracy.

III. SERVICE CERTIFICATION

Certified as served to:

EEOC Portal (Charge No. 12K-2025-00001)
DOJ ADA Section – ada.complaint@usdoj.gov
DOL WHD – whd.complaints@dol.gov
Cox Communications Legal Counsel – JNMyers@littler.com
Virginia Office of State Inspector General
[Advocacy Groups and Third-Party Oversight as listed in formal service]

Service Date: May 20, 2025 | Electronic Tracking #: EEOC2025-12K-00001-Rebuttal

Respectfully submitted,
/s/ Thomas D. Coates
tdcoates@gmail.com | (757) 374-3539
Dated: May 20, 2025

Notice: This filing 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.

MEMORIALIZATION OF NON-RESPONSE, NOTICE OF ADVERSE INFERENCE, AND CROSS-AGENCY PRESERVATION

NOTICE: All statements, claims, and representations made by Cox Communications, its principals, and legal counsel in the April 2025 Position Statement—and in all related correspondence, system records, and communications—are hereby formally memorialized as material representations in the official record of EEOC Charge No. 12K-2025-00001 and all cross-agency referrals.

Non-Response Will Be Memorialized: If any principal or agent of Cox fails to provide a sworn affidavit, documentary support, or a timely, specific response to the demands and discovery requests set forth herein, such non-response will be formally entered into the record as a “Notice of Non-Compliance and Request for Adverse Inference.”
Adverse Inference Requested: The EEOC, courts, and all oversight agencies are hereby requested to draw an adverse inference against Cox Communications for any claim, assertion, or defense that is not supported by documentary evidence or sworn testimony, pursuant to 29 C.F.R. § 1601.15(c), Fed. R. Civ. P. 56(c), and EEOC Enforcement Guidance.
Cross-Agency Record-Building: This memorialization is intended for immediate transmittal to the U.S. Department of Labor, U.S. Department of Justice, IRS, SSA, Virginia Office of the State Inspector General, and all other relevant oversight agencies for independent review, audit, and enforcement.
Prevents Procedural Evasion: The EEOC and all agencies are specifically notified that any attempt to “fix,” disclaim, or quietly disregard a single statement or document will not defeat the integrity of the record. The evidentiary chain is intentionally intertwined, and all communications, system entries, and executive knowledge are independently memorialized and preserved.
Prima Facie Violations Pending: In addition to the violations and unsupported claims detailed below, there exists a wealth of additional prima facie violations—including payroll fraud, ADA/FMLA interference, HIPAA breaches, and ongoing retaliation—that are not addressed in Cox’s position statement. These will be made known in forthcoming addenda and are hereby incorporated by reference as part of the memorialized record.
Notice to All Principals: Each individual or agent referenced in the 10 main points below, and in all related system records, is hereby placed on notice that their non-response, silence, or refusal to provide sworn verification will be treated as an admission of lack of evidence and may subject them to adverse inference, sanctions, and cross-agency audit or referral.

This memorialization is entered into the permanent record and will be attached to all future filings, addenda, and agency referrals related to this matter.

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

NORFOLK AREA OFFICE – MID-ATLANTIC REGION

FORMAL REBUTTAL AND DEMAND FOR SWORN TESTIMONY AND DATA PRESERVATION

I. SYSTEMATIC FORENSIC DRILLDOWN ON TOP 10 VIOLATIONS

II. NEXT STEPS AND PRESERVATION DEMANDS

III. SERVICE CERTIFICATION

MEMORIALIZATION OF NON-RESPONSE, NOTICE OF ADVERSE INFERENCE, AND CROSS-AGENCY PRESERVATION