Formal Motion No. 3 - Memorialization and Request for Admission of Sales Performance and Accommodation Record

I. INTRODUCTION AND REQUEST FOR DOCKET ENTRY

Complainant Thomas D. Coates respectfully submits this motion to memorialize and request admission of the attached sales performance plan, IT trouble logs, and contemporaneous correspondence as material evidence in the above-captioned matter. This motion is submitted for entry into the EEOC record, with cross-agency notification and evidentiary preservation request.

II. MATERIAL DOCUMENTS AND FACTUAL SUMMARY

A. June 25, 2024 Letter to Supervisor (Sales Performance and Accommodation Plan):

Thank you for meeting with me yesterday. I appreciate you taking the time to discuss my current family health caretaking crisis and my son's health challenge. You indicated that the emergent time off I've taken this month has impacted my sales goals, pressuring my results and the repercussions thereof. We also discussed concerns I've reported over the past 60 days regarding the reporting of sales and the existence of accounts not appearing in the STAR report. As much as one-third of my orders are not making it to the report, and we discussed several potential reasons for this. You indicated your willingness to review situations where existing orders should be showing up in STAR but aren't. I will provide you with those details today, and I believe generating some revenue on the orders that did not complete from May will also be possible. Regarding options to help with my son's health needs, I asked about the possibility of a three-month leave of absence. Since you indicated this may not be feasible due to the length of time and the need for retraining upon return, I'd like to propose some alternative flexible work arrangements: Remote Work – Could you consider allowing me to work from home either full-time or part-time to better manage my son's medical needs? Flexible Hours – Can my work hours be adjusted to allow me to start earlier or later in the day to accommodate my son's care schedule? Part-Time Work – Is there an option for me to transition to part-time work temporarily while I care for my son? Weekend Work – Could I work from home on weekends, particularly Saturdays, to make up for any time missed during the week due to my son's medical appointments? Compressed Workweek – Can I work a compressed workweek, such as four 10-hour days, to have an extra day off during the week for my son's care? Unpaid Leave – While 90 days, as you indicated, may be too long, would a shorter period, such as six weeks or a month, be workable? I will be speaking with an HR representative today regarding these and other concerns. I hope your input will be something I can share as a part of that discussion. The following issues are relevant or report on my current work questions and concerns: OCCURRENCES I wanted to see if this occurrence chart was the most up-to-date and accurate: Prorate for Computer [ICE, AVAYA, WorkDay, TEAMs] I wanted to ask you about the many hours I have lost over the past three months due to computer problems. I can share with you the amount of time spent on tickets and attempts to restore my computer. I was informed that a new computer was approved for me, though I haven't received it yet. I am requesting the prorate of 17 hours I lost in May due to these difficulties? One day was entirely lost, while the other instances involved two to three blocks of time spent on the phone with technicians instead of selling. I would like this proration to apply across the board and not exclude mobile sales, as these issues affected my entire workflow.

B. IT Trouble Logs and STAR Report Issues:

[Insert the relevant excerpts from your attached PDF showing IT tickets, STAR report discrepancies, and all dates/times.]

C. Accommodation Requests and HR Engagement:

[Insert or summarize the June 25, 2024 HR emails and any other contemporaneous requests.]

III. LEGAL AND PROCEDURAL BASIS

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), (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

IV. ANALYSIS OF INCONSISTENCIES AND MATERIAL FACTS

Complainant repeatedly informed management, in writing, of both sales reporting errors and IT obstacles affecting performance, as well as the need for reasonable accommodation due to a family health crisis.
Contemporaneous records contradict any assertion by Cox Communications that Complainant failed to communicate, seek help, or propose solutions.
Respondent’s failure to acknowledge, investigate, or resolve these issues constitutes both a procedural and substantive violation of ADA and FMLA obligations.
Any adverse employment action predicated on alleged performance shortfalls is tainted by Respondent’s failure to account for known, documented, and unaddressed barriers outside Complainant’s control.
These facts are material to the issues of pretext, retaliation, and systemic noncompliance.

V. RELIEF REQUESTED

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

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

VI. SERVICE CERTIFICATION

I certify that this motion and all supporting exhibits have been served via EEOC Portal and electronic mail to:

Alexander Perez, Investigator, U.S. EEOC – Norfolk Area Office
Attorney Justin Miles, Littler Mendelson, P.C. (for Cox Communications)
Other designated agency officials as required by protocol

Dated:

VII. CONCLUSION

The contemporaneous record is unequivocal. The attached documents establish that Complainant acted in good faith, fully informed management of all relevant performance and accommodation issues, and requested reasonable solutions. Any contrary assertion by Respondent is refuted by the documentary record. The EEOC and any reviewing court must give dispositive weight to these materials.