COTINA ELLIS, Investigator
Equal Employment Opportunity Commission (EEOC)
Charge Number: 12K-2025-00001
Subject: Second Submission of Information and Formal Request for Documentation from Cox Communications
Dear Ms. Ellis,
This letter serves as a second submission of pertinent information to supplement Charge Number 12K-2025-00001. I am simultaneously copying Cox Communications on this correspondence to formally request specific documentation and ensure transparency in this matter. Please include this letter and all attachments in the official EEOC case record.
Below is an analysis of discrepancies between the accommodation recommendations provided by Dr. Urena in the "RTW Dr. Urena - November 21, 2024" letter and the accommodations outlined by Cox Communications in their "Cox Accommodations Letter - November 20, 2024 (Melton)." This detailed comparison highlights omissions, contradictions, and deficiencies in Cox Communications’ response to the physician's recommendations. Each issue is supported by direct quotes from both documents.
This analysis demonstrates a clear disconnect between Dr. Urena’s medical expertise and Cox Communications’ interpretation of the accommodations needed to facilitate a safe and effective return to work. The identified deficiencies raise concerns regarding Cox’s compliance with federal obligations under the Americans with Disabilities Act (ADA) and the interactive process. These points provide critical context for evaluating whether Cox Communications has acted in good faith to accommodate my documented medical needs.
RTW Dr. Urena: "Immediate breaks for angina."
Cox Letter: "Cox approves modifying your break schedule to remove the scheduled daily two 15-minute breaks and instead replace them with 30 mins of unscheduled time."
Deficiency: The physician explicitly requests immediate breaks for a critical medical condition, which is not addressed by Cox’s “unscheduled” time modification. This undermines the urgency required.
RTW Dr. Urena: "Proximity to medical facilities and specialists."
Cox Letter: No mention of this accommodation.
Deficiency: Cox entirely omits this critical safety measure, disregarding Dr. Urena’s recommendation for quick access to medical care.
RTW Dr. Urena: "Use of noise-canceling earphones in loud environments."
Cox Letter: "Cox is denying this accommodation request. Cox has approved you working from home. Given that, you can control the noise levels."
Deficiency: The physician explicitly recommends headphones for sensory overload, which Cox dismisses, assuming the home environment is sufficient without proper evidence.
RTW Dr. Urena: "Reduced commute stress and elimination of night driving."
Cox Letter: No mention of commute-related accommodations.
Deficiency: Cox fails to address the need to eliminate night driving, a critical recommendation for safety.
RTW Dr. Urena: "Flexible work schedule."
Cox Letter: "The essential functions of your job require you to have a set schedule."
Deficiency: Cox directly denies this request without considering alternatives or justifications for overriding the physician’s recommendation.
RTW Dr. Urena: "Workstation setup assistance."
Cox Letter: No mention of workstation setup assistance.
Deficiency: Cox fails to ensure an ergonomic workstation, crucial for managing physical strain.
RTW Dr. Urena: "Reduced exposure to distractive and busy workplace environment."
Cox Letter: "Cox will not modify the essential functions of your role."
Deficiency: The physician’s recommendation to reduce stress exposure is not addressed, leaving the employee vulnerable to high-stress situations.
RTW Dr. Urena: "Access to telework technology and corporate network."
Cox Letter: "Approved to work from home."
Deficiency: While remote work is approved, Cox does not guarantee access to the necessary technology or network infrastructure.
RTW Dr. Urena: "Scheduled breaks, especially during high-stress situations, to maintain mental well-being."
Cox Letter: "See response to No. 3 above."
Deficiency: Cox fails to address high-stress scenarios and instead relies on a generic break modification.
RTW Dr. Urena: "Coordination between MetLife, Cox Communications, and his providers may be necessary if adjustments to accommodations are required."
Cox Letter: "Cox reviews accommodations every six (6) months."
Deficiency: Cox’s rigid six-month timeline ignores the need for dynamic adjustments based on real-time health changes.
RTW Dr. Urena: "Clear prioritization of tasks and responsibilities to prevent overwhelm and promote productivity."
Cox Letter: "You will have the opportunity to obtain instruction/guidance on the prioritization of tasks."
Deficiency: Cox shifts the responsibility to the direct leader without implementing a structured plan for prioritization.
RTW Dr. Urena: "The restrictions apply immediately (7/25/2024) and are permanent."
Cox Letter: No explicit mention of immediate implementation.
Deficiency: Cox does not confirm the immediate application of accommodations.
RTW Dr. Urena: "Scheduled breaks, especially during high-stress situations, to maintain mental well-being."
Cox Letter: Fails to specifically address mental health needs beyond general breaks.
Deficiency: Cox neglects the nuanced mental health support recommended by the physician.
RTW Dr. Urena: "Minimized commute stress and restrict night driving."
Cox Letter: No mention.
Deficiency: This poses safety risks and ignores a direct recommendation.
RTW Dr. Urena: "Workstation setup assistance to reduce strain."
Cox Letter: No mention.
Deficiency: Cox’s omission could exacerbate physical strain and reduce productivity.
RTW Dr. Urena: "Immediate breaks for health management."
Cox Letter: Does not emphasize timeliness.
Deficiency: Delayed breaks could endanger health.
RTW Dr. Urena: Encourages ongoing communication between stakeholders.
Cox Letter: Limited to rigid review periods.
Deficiency: Misses opportunities for adaptive accommodations.
RTW Dr. Urena: "Utilization of remote work technologies."
Cox Letter: Approves remote work but lacks specifics.
Deficiency: Overlooks the tools needed for success.
RTW Dr. Urena: "Stress mitigation tools, including environmental adjustments."
Cox Letter: "Cox will not modify essential functions of your role."
Deficiency: Dismisses recommendations outright without exploration.
These discrepancies underscore a consistent pattern of inadequacy in Cox Communications’ responses to the accommodations prescribed by Dr. Urena. This failure jeopardizes their compliance with the Americans with Disabilities Act (ADA) and their obligations under the interactive process. By not addressing essential needs such as stress mitigation tools, customized technology solutions, and immediate implementation of restrictions, Cox places undue strain on employees requiring accommodations.
It is imperative that the EEOC consider this analysis as part of the case record and hold Cox Communications accountable for implementing the necessary accommodations promptly and comprehensively. Ensuring these accommodations are met not only upholds federal law but also fosters a safer and more equitable workplace environment.
Thank you for your attention to this matter. Please do not hesitate to reach out if further clarification or additional documentation is required.
Sincerely,
Thomas Coates
In summary, the discrepancies and omissions identified in this analysis illustrate a failure on the part of Cox Communications to adequately address the accommodations prescribed by my physician, Dr. Urena. This lack of compliance raises serious concerns about Cox's adherence to the Americans with Disabilities Act (ADA) and their commitment to the interactive process. I respectfully request that the EEOC include this information in the case record and hold Cox Communications accountable for ensuring reasonable accommodations are implemented promptly and effectively.
Thank you for your attention to this matter. Should you require additional documentation or clarification, please do not hesitate to contact me.
Sincerely,
Thomas Coates