Formal Motion No. 6 - Pattern, Pretext, and Enforcement Referral

I. CROSS-AGENCY INTRODUCTION AND NOTIFICATION

Complainant Thomas D. Coates respectfully submits this Motion No. 6 for entry into the official record of the EEOC and for immediate, coordinated review by the following agencies:

U.S. Equal Employment Opportunity Commission (EEOC)
U.S. Department of Justice (DOJ) – Civil Rights Division
U.S. Department of Labor (DOL) – Wage and Hour Division
Internal Revenue Service (IRS)
Social Security Administration (SSA)
Virginia Equal Opportunity Commission (VEOC)
Any other federal or state agency with statutory jurisdiction

This motion memorializes a pattern of conduct that, in the aggregate, demonstrates not only isolated violations but a systemic and executive-level disregard for federal and state law, employee rights, and regulatory mandates.

II. SUMMARY OF EVIDENCE AND PATTERN OF WRONGDOING

The attached and referenced email groupings, spanning October–December 2024, document a deliberate pattern of misrepresentation, record falsification, and misuse of the short-term disability process to cover up and delay legal liability. These communications, when viewed in concert with Cox’s position statement and outside counsel’s assertions, reveal a coordinated effort to circumvent the interactive process, retaliate against protected activity, and obstruct the employee’s rights under the ADA, FMLA, HIPAA, ERISA, and related statutes.

A. Statutory and Regulatory Violations

ADA Interactive Process Violation (42 U.S.C. § 12112(b)(5)(A); 29 C.F.R. § 1630.2(o)): Cox repeatedly bypassed the bilateral interactive process, relying on hearsay and verbal comments over signed medical documentation.
HIPAA/Confidentiality Breach (45 CFR § 164.502): Employer forwarded or summarized medical information without proper written authorization, risking disclosure violations.
Falsification of Records: Employer claimed employee was "released without restriction" despite signed physician documentation to the contrary.
Constructive Obstruction of ADA Rights: Employer treated unverified verbal comments as controlling evidence, obstructing the interactive process (Ford Motor Co. v. EEOC, 782 F.3d 753).
ERISA/Joint Responsibility Violation (29 U.S.C. § 1132): Coordination with MetLife to support a false narrative and influence benefit decisions.
EEOC Retaliation and Temporal Proximity (42 U.S.C. § 12203(a); EEOC Retaliation Guidance 2016): Employer reversed course on leave only after being confronted with written evidence, demonstrating pretext and retaliation.
Failure to Correct the Record: Employer delayed liability by extending leave but did not restore or correct the falsified record.
Executive Awareness and Inaction: Senior management and compliance were notified of these actions and did not intervene, indicating willful disregard at the highest levels.
Systemic Pattern and Critical Mass: These incidents, when combined with earlier motions and evidence, establish a preponderance of evidence of systemic noncompliance and cover-up.

B. Contradictions with Position Statement and Counsel’s Assertions

Position statement claims "accommodations were provided" and "interactive process was bilateral"-contradicted by documented one-sided communications and disregard of signed medical evidence.
Employer asserts "employee was cleared to return to work"-contradicted by contemporaneous physician letters and accommodation forms.
Employer claims "STD process was followed appropriately"-contradicted by reversal of leave decisions only after legal exposure, not medical change.
Employer asserts "no retaliation"-contradicted by temporal proximity of protected activity and adverse action.
Employer claims "all records are accurate"-contradicted by evidence of record falsification and failure to update/correct the record.

C. Larger Pattern and Systemic Risk

These incidents are not isolated; they form part of a broader pattern of ADA, FMLA, and recordkeeping violations at Cox Communications.
Executive and legal teams were aware of these issues and failed to intervene, indicating willful disregard and potential corporate-level liability.
The misuse of the short-term disability process as a cover for adverse action and evidence suppression is particularly egregious and warrants systemic enforcement.

III. RELIEF REQUESTED AND REFERRALS FOR ENFORCEMENT

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

Enter this motion, all referenced emails, and supporting evidence into the permanent record for EEOC Charge No. 12K-2025-00001.
Order Cox Communications to produce all communications, system records, and audit trails related to the short-term disability process, accommodation requests, and all related HR, compliance, and executive-level communications.
Refer all findings, evidence, and potential violations in this matter to the following agencies for independent investigation and enforcement:
- U.S. Department of Justice (DOJ) Civil Rights Division
- U.S. Department of Labor (DOL) Wage and Hour Division
- Internal Revenue Service (IRS)
- Social Security Administration (SSA)
- Virginia Equal Opportunity Commission (VEOC)
- Any other relevant state or federal oversight body
Request that the Virginia Equal Opportunity Commission (VEOC) conduct a full audit and enforcement review of all disability, payroll, and accommodation records and communications regarding Thomas D. Coates.
Distribute a certified copy of this motion and all subsequent productions to all relevant oversight agencies for synchronized review and enforcement.

IV. 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)
Virginia Equal Opportunity Commission (VEOC)
Other designated agency officials as required by protocol

Dated:

V. CONCLUSION

The record now demonstrates a critical mass and preponderance of evidence of systemic, executive-level violations at Cox Communications. The pattern of pretext, retaliation, and record falsification-especially the misuse of the short-term disability process-requires immediate, coordinated enforcement action by all relevant federal and state agencies.