Dear Cox Communications Team,
This letter serves as a follow-up to my correspondence dated December 27, 2024. In my initial letter, I outlined several critical compliance concerns under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and Cox Communications’ internal policies. To date, I have not received any acknowledgment or substantive response to the items raised. Below, I restate the contents of my original letter, now supplemented with follow-up actions that will be taken due to your lack of response.
Return-to-Work Deadline
Cox Communications has failed to respond to my physician-supported return-to-work date of December 29, 2024, violating obligations under the ADA and FMLA.
*ADA Interactive Process Requirement (29 C.F.R. § 1630.2(o)(3)) – Cox is legally required to engage with me regarding my return-to-work date and accommodations.*
*FMLA Response Obligations (29 U.S.C. § 2615) – Employers must provide timely responses to FMLA-related requests.*
*Notification of non-response will be submitted to: EEOC (Charge No. 12K-2025-00001), Department of Labor (FMLA Compliance Division).*
FMLA Compliance
Cox has missed deadlines to provide required responses regarding my Family and Medical Leave Act (FMLA) status.
*FMLA Notification Obligations (29 C.F.R. § 825.300(d)) – Employers are required to notify employees in writing of FMLA approvals or denials.*
*Denial without proper notification violates 29 C.F.R. § 825.303(c).*
*Lack of response and compliance will be escalated to: Department of Justice (Civil Rights Division), Department of Labor (Wage and Hour Division).*
Reasonable Accommodations
Cox remains non-compliant with ADA guidelines by failing to provide reasonable accommodations or engage in the interactive process.
*ADA Reasonable Accommodation (42 U.S.C. § 12112(b)(5)) – Employers must provide accommodations unless doing so would cause undue hardship.*
*Notification of non-compliance has been or will be submitted to: EEOC (Investigator: Ms. Cotina Ellis, COTINA.ELLIS@EEOC.GOV), DOJ Disability Rights Section.*
Non-Response and Retaliatory Practices
Your ongoing non-responsiveness and last-minute communications appear retaliatory in nature, especially as I have raised formal complaints regarding these matters.
*Retaliation Protections (29 C.F.R. § 1630.12) – Retaliation against an employee exercising ADA or FMLA rights is prohibited.*
*Disparate Treatment (42 U.S.C. § 2000e-2) – Unequal treatment compared to similarly situated employees is discriminatory.*
*This will be reported to: EEOC (with supporting documentation of disparate treatment).*
Notification to Agencies and Escalation
As noted in my original letter, I am formally notifying relevant agencies of your continued non-compliance. I will also provide them with a record of your lack of acknowledgment or action in response to my December 27, 2024, correspondence.
*Agencies to Notify: EEOC: Evidence of retaliation and discrimination, Department of Labor: FMLA non-compliance, DOJ Civil Rights Division: ADA violations, State-Level Civil Rights Agencies: Additional charges as needed.*
The issues outlined above reflect serious violations of federal law and Cox Communications' internal policies. By failing to engage in the required interactive process, meet FMLA notification requirements, and respond to reasonable accommodations requests, Cox has displayed a consistent pattern of disregard for my rights as an employee.
Your lack of response reinforces my concerns about ongoing retaliation and discriminatory practices. I urge you to address these matters immediately. A failure to do so will result in further escalation with the aforementioned agencies.