Complainant Thomas D. Coates, by and through undersigned authority, respectfully submits this formal demand to the Equal Employment Opportunity Commission (EEOC) regarding the Respondent’s April 2025 position statement. This is not a rebuttal to Cox Communications, but a procedural objection and request for the EEOC to require strict compliance with all statutory, regulatory, and administrative requirements for position statements before accepting or relying on the current submission.

The document submitted by Cox Communications as its position statement is procedurally and substantively deficient for the following reasons:

1. Lack of Author Certification: The statement is unsigned, lacks an identified author, and is not certified by any responsible officer or attorney as required by EEOC practice and 29 C.F.R. § 1601.18(c).
2. Absence of Affidavit or Sworn Testimony: No sworn affidavits or declarations are attached from any manager, HR official, or witness to support factual assertions, as required for credibility and admissibility.
3. Failure to Attach Referenced Documents: The statement references internal policies, records, and communications but fails to produce or attach them, in violation of 29 C.F.R. § 1601.15(c).
4. Improper Use of Footnotes to Disclaim Investigation: Footnotes on pages 1 and 2 appear to disclaim any formal investigation or disclosure, undermining the integrity of the submission and suggesting a lack of good faith cooperation with the EEOC.
5. Vague and Non-Specific Assertions: The statement relies on generalizations and policy summaries rather than specific dates, names, or events, preventing meaningful review or rebuttal.
6. Failure to Provide Statutorily Required Details: The statement omits required details such as dates of alleged performance issues, names of decision-makers, and the specific basis for each adverse action, in violation of EEOC evidentiary standards.
7. Improper Reliance on Verbal Claims: The statement references verbal conversations and supervisor impressions without documentation, which is inadmissible under EEOC and federal evidentiary rules.
8. No Statement of Internal Investigation: There is no evidence of an internal investigation, no interview notes, and no summary of findings, contrary to EEOC best practices.
9. Improper Blanket Confidentiality Claims: The statement makes broad assertions of confidentiality without justification or separate redacted exhibits, contrary to EEOC guidance.
10. Failure to Certify Completeness and Accuracy: The submission is not certified as complete and accurate under penalty of perjury or professional responsibility.

The Complainant respectfully demands that the EEOC:

1. Reject the current position statement as procedurally deficient and not in compliance with EEOC requirements for a valid employer response;
2. Formally notify Cox Communications that the current submission will not be considered a valid position statement until the following are provided:
   • A signed and certified statement of authorship and accuracy by the responsible attorney or officer;
   • Sworn affidavits or declarations from all managers, HR officials, and witnesses relied upon for factual assertions;
   • Full production of all referenced documents, policies, records, and communications in the form required by 29 C.F.R. § 1601.15(c);
   • Specific dates, names, and statutory bases for all claims, defenses, and adverse actions referenced in the statement;
   • Clarification and removal of any improper disclaimers or footnotes that suggest a lack of formal investigation or cooperation with the EEOC.
3. Memorialize this demand and the deficiencies identified herein in the official record for EEOC Charge No. 12K-2025-00001;
4. Require Cox Communications to cure all deficiencies within ten (10) business days or risk having its position statement excluded from consideration and referred for further enforcement action.

I certify that this demand has been served via EEOC Portal and electronic mail to:

• Alexander Perez, Investigator, U.S. EEOC – Norfolk Area Office
• Other designated agency officials as required by protocol

Dated: May 15, 2025

The integrity of this administrative proceeding depends on strict adherence to EEOC procedures and evidentiary standards. The current Cox Communications position statement fails to meet these requirements and must be cured before it can be considered. The Complainant respectfully demands that the EEOC take immediate corrective action as outlined above.