Complainant, by and through undersigned authority, submits this Motion for Memorialization and requests its immediate entry into the EEOC administrative record and transmittal to all relevant oversight agencies.

At the very heart of this case lies a material contradiction and a grave breach of legal and ethical obligations: Cox Communications’ April 2025 position statement-accepted into the record by the EEOC despite lacking signature or sworn attestation-asserts that adverse employment actions and negative evaluations preceded any request by the Complainant for ADA accommodation or medical leave. This is demonstrably false and constitutes perjury under federal law.

The documentary record is unequivocal and extensive:

• No fewer than nineteen (19) separate pieces of contemporaneous correspondence-including emails, HR system tickets, and internal communications from early June 2024-prove that Complainant was actively and repeatedly requesting ADA and medical leave accommodations before any negative evaluation or disciplinary action was issued.
• A letter from HR Director Azariah Workman sent Complainant home to attend to medical needs, with no mention of discipline or final warning; in fact, the negative evaluation was later withdrawn by HR as a result of formal complaints and internal review.
• Payroll records, Workday logs, and medical documentation further corroborate the sequence of protected activity preceding any adverse action.
• Six (6) separate HR “trouble tickets” were opened to document and challenge retaliatory actions, and the record is replete with evidence of retroactive changes to pay, confidentiality and HIPAA violations, and improper communications with third parties (including MetLife).

The position statement is not merely inaccurate; it is a calculated attempt to mislead the EEOC and other agencies, to cover up retaliation, and to insulate Cox’s executives and HR personnel from accountability. The evidentiary chain is intentionally intertwined: any attempt to “fix” or disclaim only the position statement, while leaving other false or misleading assertions uncorrected, will not defeat the integrity of the overall record. Each communication, log entry, and system record independently corroborates the violations and inconsistencies at issue.

The EEOC’s acceptance of an unsigned, unsupported position statement-contrary to agency regulations and professional standards-further compounds the risk of injustice and undermines the integrity of this proceeding.

This motion is submitted pursuant to:

• 42 U.S.C. § 12117(a) (ADA enforcement via Title VII procedures)
• 42 U.S.C. § 2000e-5(b) and (f)(1) (EEOC investigative authority and enforcement)
• 29 C.F.R. § 1601.15(c) and § 1601.18 (submission and use of party statements as evidence)
• Federal Rule of Evidence 801(d)(2) (statements of an opposing party as non-hearsay)
• EEOC-DOL-DOJ MOU (2018, revised 2022) for collaborative investigation and systemic referral

This submission inaugurates a series of addenda (beginning at Addendum 7) that will, over the coming days, expose further stark evidence of retaliation, record falsification, systemic noncompliance, and ongoing bad faith. Each addendum will address specific incidents and patterns, including but not limited to:

• Executive knowledge and fiduciary breach
• Payroll manipulation and retroactive changes
• Confidentiality and HIPAA violations
• Improper communications with MetLife and other third parties
• Withdrawal of negative evaluations following formal complaints

Complainant respectfully requests that the EEOC and cross-agency recipients:

1. Enter this motion and all cited material statements into the permanent record for EEOC Charge No. 12K-2025-00001;
2. Formally memorialize the quoted material statements as material representations in the record, subject to Rule 801(d)(2) admissions;
3. Order Cox Communications to admit, clarify, or deny these material statements within 10 business days, or else treat them as evidentiary admissions for all investigative and judicial purposes;
4. Refer any systemic findings arising from these statements to DOJ Civil Rights Division and DOL WHD;
5. Distribute a certified copy of this motion and the quoted material statements to all relevant oversight agencies for synchronized review.

Respectfully submitted,
/s/ Thomas D. Coates
tdcoates@gmail.com | (757) 374-3539
Dated: May 19, 2025

Notice: This motion 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.