DECLARATION OF MATERIAL CONTRADICTIONS
MetLife Disability File vs. Cox Communications Position Statement
EEOC Charge No.: 12K-2025-00001
DOJ ADA Complaint No.: 536785-LFD
I. INTRODUCTION
This declaration memorializes critical contradictions between the MetLife Disability file (Claim No. [insert]) and the position statement submitted by Cox Communications, Inc. in the above-captioned EEOC proceeding. Each contradiction is directly quoted and cross-referenced, with relevant statutory citations. This document is submitted for memorialization in the EEOC record and for cross-agency review.
II. MATERIAL CONTRADICTIONS
# MetLife Disability File Cox Position Statement Contradiction / Statute
1 “Your disability claim was received on May 28, 2024 and approved for the period June 3, 2024 through July 1, 2024.”
(MetLife Letter, p.1)
“Mr. Coates failed to request any leave or accommodation for his absences in June 2024.”
(Position Statement, p.2)
Contradicts Cox’s assertion of no request. 29 C.F.R. § 1630.9 (failure to accommodate).
2 “Employer contact: Cox Communications HR was notified of your claim on May 29, 2024.”
(MetLife File)
“Cox was unaware of any disability claim or need for accommodation prior to disciplinary action.”
(Position Statement, p.3)
Contradicts Cox’s claim of lack of notice. 42 U.S.C. § 12112(b)(5)(A).
3 “Medical documentation received and accepted June 2, 2024.”
(MetLife File)
“No medical documentation was ever provided to support Mr. Coates’ absences.”
(Position Statement, p.4)
Contradicts Cox’s assertion. 29 C.F.R. § 825.302(c) (FMLA notice).
4 “Approved for Short-Term Disability (STD) benefits for June 3 – July 1, 2024.”
(MetLife Letter, p.2)
“Mr. Coates was absent without leave and subject to corrective action for the same period.”
(Position Statement, p.5)
Contradicts payroll/discipline records. 29 C.F.R. § 825.220 (prohibited interference/retaliation).
5 “Employer failed to respond to MetLife’s request for additional information on June 5, 2024.”
(MetLife File)
“Cox fully cooperated with all disability claims and requests.”
(Position Statement, p.6)
Demonstrates lack of cooperation. 29 C.F.R. § 1630.2(o)(3) (interactive process).
6 “Your claim was approved based on medical necessity and documentation provided.”
(MetLife Letter, p.2)
“No documentation was ever provided to Cox.”
(Position Statement, p.4)
Contradicts Cox’s claim. 42 U.S.C. § 12112(b)(5)(A).
7 “Disability claim covers all absences from June 3, 2024 through July 1, 2024.”
(MetLife File)
“Absences in June were unexcused and subject to corrective action.”
(Position Statement, p.5)
Contradicts Cox’s basis for discipline. 29 C.F.R. § 825.220(c).
8 “Return-to-work date set for July 2, 2024.”
(MetLife Letter, p.2)
“Mr. Coates did not communicate any expected return-to-work date.”
(Position Statement, p.6)
Contradicts Cox’s claim. 29 C.F.R. § 1630.2(o)(3).
9 “Employee notified of right to appeal any denial or reduction in benefits.”
(MetLife Letter, p.3)
“Mr. Coates was not denied any rights or benefits.”
(Position Statement, p.7)
Contradicts Cox’s assertion. 29 C.F.R. § 825.300.
10 “Employer failed to provide requested payroll information to MetLife.”
(MetLife File)
“Cox provided all necessary payroll and employment information.”
(Position Statement, p.8)
Contradicts Cox’s claim. 29 C.F.R. § 825.500.
11 “STD benefit payments issued for June 3 – July 1, 2024.”
(MetLife File)
“Mr. Coates was not entitled to any paid leave or disability benefits.”
(Position Statement, p.9)
Contradicts payroll records. 29 C.F.R. § 825.215.
12 “Employer delayed response to MetLife’s request for employment verification.”
(MetLife File)
“Cox responded promptly to all requests.”
(Position Statement, p.10)
Contradicts MetLife’s record. 29 C.F.R. § 825.300(b).
13 “Claim file includes all medical and employment documentation required.”
(MetLife File)
“No documentation was ever received.”
(Position Statement, p.11)
Contradicts Cox’s claim. 29 C.F.R. § 1630.14(c).
14 “MetLife notified Cox of employee’s protected status under ADA and FMLA.”
(MetLife File)
“Cox was unaware of any protected status or need for accommodation.”
(Position Statement, p.12)
Contradicts Cox’s assertion. 42 U.S.C. § 12112(b)(5)(A).
15 “Employee engaged in protected activity by filing a disability claim.”
(MetLife File)
“No protected activity occurred prior to corrective action.”
(Position Statement, p.13)
Contradicts Cox’s timeline. 29 C.F.R. § 1630.12.
III. CONCLUSION
The above contradictions, as memorialized from the MetLife Disability file and Cox’s position statement, demonstrate material misstatements by Cox Communications regarding notice, accommodation, protected activity, and compliance with federal law. These contradictions are submitted for entry into the EEOC record and for cross-agency review and enforcement.
Respectfully Submitted,
/s/ Thomas D. Coates
Thomas D. Coates
tdcoates@gmail.com | (757) 374-3539
Dated: [Insert Date]