Judicial Oversight and EEOC Instruction Petition
To: Hon. Deputy Chief, Disability Rights Section
CC: EEOC Norfolk Field Office, DOJ, DOL, SEC, OIG, OSIG, Governor Glenn Youngkin, Delegate Michael Feggans
I. Procedural Urgency
Following the submission of a formal ADA complaint on December 31, 2024, my employment was terminated less than 48 hours later on January 2, 2025. This close proximity raises red flags under:
- 29 C.F.R. § 1601.15(b)
- 5 U.S.C. § 2302(b)(9)
- 42 U.S.C. § 12203
II. Procedural Violations Warranting Judicial Inquiry
- Holiday Weekend Threats: Termination notice sent around New Year’s Day limiting recourse options.
- Wrong Email Delivery: Notification was sent to an incorrect address and was not seen until after the effective date.
- Active DOJ Complaint: Retaliation occurred during an active federal complaint process.
- 45+ Communications Ignored: Requests for ADA accommodation and clarification were met with silence.
- Ongoing Disability Claim: Cox proceeded despite knowing of a pending MetLife review and mediation acceptance.
III. Request for Judicial Review & Instruction
I respectfully request the following:
- Judicial oversight before EEOC issues any closure or determination.
- Expansion of EEOC scope to include ADA retaliation, payroll manipulation, misuse of FMLA/STD processes, and HR complicity.
- Protection from forced conciliation or procedural closure without DOJ-reviewed investigatory findings.
IV. McLendon Case Comparison
The Leon McLendon v. Cox Communications Hampton Roads, L.L.C. case provides a direct and disturbing precedent. In both McLendon’s and my case:
- ADA accommodations were granted, then revoked without basis.
- HR upheld discriminatory actions despite internal acknowledgement of legitimacy.
- Termination was pretextual, with similarly situated employees not facing the same treatment.
- Federal courts and the EEOC recognized Cox’s ADA violations in McLendon’s case.
- McLendon’s damages exceeded $1M, setting a baseline for assessing proportional harm and exposure.
This history removes any doubt as to Cox’s pattern of ADA retaliation and systemic failures.
V. Final Note
The facts surrounding my January 2nd termination — occurring after a December 31st DOJ complaint — show textbook retaliatory timing. I urge immediate judicial intervention, mandatory expansion of EEOC investigatory scope, and multi-agency review in accordance with applicable federal protections.
Sincerely,
Thomas D. Coates
Email: tdcoates@gmail.com