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.

A. June 25, 2024 Letter to Supervisor (Sales Performance and Accommodation Plan): B. IT Trouble Logs and STAR Report Issues: C. Accommodation Requests and HR Engagement:

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

• 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.

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

1. Enter this motion and all attached documents into the permanent record for EEOC Charge No. 12K-2025-00001;
2. Formally memorialize the sales performance and accommodation record as material evidence, subject to Rule 801(d)(2) admissions;
3. 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;
4. Refer any systemic findings arising from these records to DOJ Civil Rights Division and DOL WHD;
5. Distribute a certified copy of this motion and all attached documents to all relevant oversight agencies for synchronized review.

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

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.