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# UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION  

# NORFOLK AREA OFFICE – MID-ATLANTIC REGION

## IN THE MATTER OF:

**Thomas D. Coates, Claimant**  

**v.**  

**Cox Communications, Inc., Respondent**  

**EEOC Charge No.: 12K-2025-00001**  

**DOJ ADA Complaint No.: 536785-LFD | DOL WHD Matter: [Pending]**

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## NOTICE OF BIFURCATED REBUTTAL AND RECORD PRESERVATION

This submission constitutes Segment I of a dual-phase rebuttal to Cox Communications’ April 2025 Position Statement and all associated representations, system transactions, and correspondence.

Segment I preserves the evidentiary record, contests unsupported and erroneous declarations, and compels formal admission, clarification, or refutation of all material representations and actions identified to date.

Segment II—to be submitted forthwith—will incorporate further factual supplements, incident-specific statutory analysis, sworn declarations, and supplementary proof of persistent reprisal, record fabrication, and procedural infractions.

All parties (including the EEOC, Respondent, and regulatory agencies) are hereby notified that the record remains open and that all subsequent occurrences, evidence, and agency responses shall be formally incorporated and retained for inter-agency and judicial scrutiny. The Claimant respectfully demands that the EEOC and all agencies safeguard the complete record, abstain from premature closure or minimization, and ensure that all future submissions are entered into the permanent record and transmitted to all relevant oversight authorities.

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## Table of Contents

I. Introduction and Docketing Request  

II. Material Assertions and Representations at Issue  

III. Statutory and Procedural Foundation  

IV. Relief Sought  

V. Systematic Forensic Breakdown of Top 10 Infractions  

VI. Narrative of Retaliation and Constructive Obstruction: The Azariah Workman Event – June 28, 2024  

VII. Material False Statements Requiring Sworn Correction  

VIII. Statutory and Regulatory Standards for Veracity and Evidentiary Support  

IX. Professional and Agency Referral  

X. Addendum: Transformative Evidence – The Workman Correspondence and Its Ripple Effects  

XI. Addendum: Persistent Retaliation, Record Tampering, and Bad Faith (June–September 2024)  

XII. Addendum: Anticipated Defenses, Rationalizations, and Procedural Safeguards  

XIII. CoxTrack Addendum: Challenge to Unsupported Assertions in April 2025 Position Statement  

XIV. Declaration of Material Contradictions: MetLife Disability File versus Administrative Record  

XV. Addendum: Executive Knowledge, Fiduciary Breach, and the Interwoven Evidentiary Chain  

XVI. Protected Activity Chronology and Reporting Digest  

XVII. Certification and Digital Endorsement  

XVIII. Service Attestation

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## I. INTRODUCTION AND DOCKETING REQUEST

This motion and its annexes are submitted for immediate transmission and coordinated review by the U.S. Department of Labor, U.S. Department of Justice, Virginia Office of the State Inspector General, and the Office of the Governor of Virginia, as well as any additional oversight entity with statutory jurisdiction in the matters delineated herein.

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## II. MATERIAL ASSERTIONS AND REPRESENTATIONS AT ISSUE

This motion addresses not only material declarations submitted by Respondent’s legal counsel in Cox’s April 2025 position statement to the EEOC, but also all related factual representations, statements, and communications made by Cox’s officers, agents, and HR personnel in any modality—including, but not limited to:

- Position statements and supplemental filings submitted to the EEOC or other agencies;

- Electronic mail and written correspondence by supervisors, HR, or management;

- Teams, Slack, or other internal messaging communications germane to leave, accommodation, or discipline;

- Workday, payroll, or HR system entries and audit logs;

- Internal notes, digital logs, and records of meetings or corrective actions;

- Any other documented or system-captured assertion or representation made by Cox or its agents regarding Claimant’s employment, leave, discipline, or accommodation.

These representations are contradicted by direct documentary proof and constitute perjury, retaliation, and ongoing bad faith. The Claimant specifically objects to any attempt by Respondent to “amend” or disclaim only the position statement while leaving other false or misleading assertions uncorrected in the broader record. The evidentiary chain is intentionally interlinked: any attempt to remove or alter one “link” (e.g., the position statement) will not defeat the integrity of the overall record, as other communications and system records independently corroborate the violations and inconsistencies at issue.

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## III. STATUTORY AND PROCEDURAL FOUNDATION

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) and (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

The Commission is empowered to preserve and memorialize such statements as binding admissions, subject to cross-agency evidentiary review.

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## IV. RELIEF SOUGHT

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

1. Enter this motion and the cited material statement into the permanent record for EEOC Charge No. 12K-2025-00001;

2. Formally memorialize the quoted material statement as a material representation in the record, subject to Rule 801(d)(2) admissions;

3. Order Cox Communications to admit, clarify, or deny this material statement within 10 business days, or else treat it as an evidentiary admission for all investigative and judicial purposes;

4. Refer any systemic findings arising from this statement to DOJ Civil Rights Division and DOL WHD;

5. Distribute a certified copy of this motion and the quoted material statement to all relevant oversight agencies for synchronized review.

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## V. SYSTEMATIC FORENSIC BREAKDOWN OF TOP 10 INFRACTIONS

| # | Infraction | Individuals/Principals | Records & Systems | Forensic Data/Discovery Actions | Testimony/Demand |

|---|------------|-----------------------|-------------------|-------------------------------|------------------|

| 1 | Unsigned, Unverified Submission (29 C.F.R. § 1601.18(c)) | Justin Miles (Outside Counsel), Kia Painter (Chief Compliance Officer), Lakita Gaines (HR Lead) | Final position statement file; Submission logs (EEOC portal, email); Internal approval emails | - Extract digital signature metadata- Pull all email chains approving submission- Identify all contributors and reviewers in document properties- Preserve all drafts and transmission records | Demand sworn affidavit from Justin Miles and Kia Painter attesting to authorship, review, and certification of all factual assertions. |

| 2 | Absence of Sworn Declarations | Kia Painter, Lakita Gaines, Inelyz Martinez, Donte Holmes | HR case files; Internal investigation notes; List of all managers/decision-makers referenced | - Identify all factual claims lacking sworn support- Extract HR case file sign-off logs- Pull all internal emails referencing “affidavit” or “declaration”- List all witnesses for subpoena | Demand sworn declarations from each named principal for every material assertion made. |

| 3 | Verbal Conversation Claims Unsubstantiated | HR Manager (assigned), Kia Painter, Donte Holmes | Phone logs, call records (VOIP, Teams/Zoom), Email follow-ups, HRIS notes | - Subpoena call logs for all dates referenced- Extract Teams/Zoom/Slack call records- Forensically review HRIS notes for edits/creation dates- Demand production of all contemporaneous documentation | Each HR principal must provide a sworn statement with date/time, attendees, and substance of every referenced conversation. |

| 4 | Contradictory Payroll Statements | Payroll Administrator, MetLife Coordinator, Ursula Rogers | Payroll system logs (Workday, ADP), Paystubs, IRS filings, MetLife STD claim records | - Pull all paystubs and payroll logs for relevant periods- Compare payroll to MetLife claim periods- Extract IRS/SSA reporting for same intervals- Forensically analyze “Stay Pay” entries and zeroed-out pay | Sworn payroll administrator and MetLife coordinator testimony on all entries, discrepancies, and reporting. |

| 5 | Fabricated Access/Return Narrative | Jennifer Melton, Inelyz Martinez | Physician RTW letters, ADA accommodation forms, HRIS access logs | - Extract and compare all RTW documentation- Audit HRIS access block/restore records- Subpoena physician communications | Testimony from HR and medical contacts on RTW instructions, access restoration, and timeline. |

| 6 | Improper Footnotes to Disclaim Responsibility | Justin Miles (author), Cox Legal Team | Drafts of position statement, Email chains about footnotes, Internal legal review notes | - Demand production of all drafts and revision history- Identify all contributors to disclaimers- Subpoena legal team for rationale behind disclaimers | Sworn affidavit from each legal drafter as to accuracy and intent of disclaimers. |

| 7 | Misrepresentation of Performance Records | Donte Holmes, Scorecard Administrator, Performance Coach | Scorecard logs, Performance review emails, Accommodation request records | - Pull all performance review drafts and final versions- Audit for edits after accommodation requests- Compare timeline to ADA/FMLA requests | Sworn testimony from all reviewers on content, timing, and knowledge of accommodations. |

| 8 | Disregard of Disability Status in Harassment Claims | Supervisors, HR Compliance, Jennifer Melton | Medical records, Email notifications, HR complaint logs | - Extract all emails referencing disability or ADA- Audit HR complaint system for entries and responses- Subpoena supervisors for knowledge and response | Testimony from all involved on knowledge of disability and steps taken. |

| 9 | Absence of Internal Investigation or Documentation | Lakita Gaines, Internal HR Compliance Officer, Ursula Rogers | Internal investigation files, Interview notes, HRIS audit logs | - Demand all investigation notes and logs- Subpoena all interview participants- Forensically review HRIS for undeclared edits | Sworn affidavits from all compliance officers regarding investigation scope and findings. |

| 10 | Improper Grouping of EEOC Matters | Alexander Perez (EEOC), Cox Legal Team | EEOC charge files, Internal legal memos, Correspondence with EEOC | - Pull all correspondence regarding charge grouping- Audit EEOC and Cox records for consolidation discussions- Identify all legal team members involved | Sworn testimony from Perez and Cox legal on rationale, process, and due process compliance. |

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## VI. NARRATIVE OF RETALIATION AND CONSTRUCTIVE OBSTRUCTION: THE AZARIAH WORKMAN EVENT – JUNE 28, 2024

**Preservation and Legal Notification:**  

This event and analysis are hereby entered into the permanent record for EEOC Charge No. 12K-2025-00001 and all cross-agency referrals. All parties, including Cox Communications, its agents, and oversight agencies, are notified of their obligation to preserve all related payroll, system, and correspondence records for independent review and audit. Any attempt to “amend,” disclaim, or distance from these actions will not defeat the integrity of the preserved record, as the evidentiary chain is independently corroborated by system logs, emails, and contemporaneous documentation.

### I. Factual Recitation

On June 28, 2024, Thomas D. Coates requested a confidential meeting with his manager, Azariah Workman, to discuss emergent medical concerns related to exacerbated cardiac symptoms and acute stress resulting from his son’s illness. This request was made with the expectation of confidentiality, consistent with ADA mandates that protect medical disclosures.

Despite the private nature of the request, Ms. Workman summoned multiple individuals, including two of Coates’s direct supervisors and a third manager who was not assigned to him nor previously involved in his supervision. This third party had no legitimate role in the matter and no permissible reason under EEOC confidentiality standards to be privy to sensitive medical discussions.

During the meeting, Coates disclosed that he was experiencing chest pains and acute stress. Upon hearing this, Ms. Workman acknowledged the seriousness of the symptoms and verbally stated that she was granting him two paid medical days off to seek care. She told him:

> "I’m going to give you two days of paid medical leave so that you can go to the doctor and get yourself taken care of."

However, within hours of that interaction, Ms. Workman accessed the Workday system and suspended Coates’s pay, a decision also reflected in PeopleSoft and Workday audit logs. No additional medical information had been submitted to justify this modification, and no new events occurred that would explain this shift. Importantly, Coates was not notified in advance nor given an opportunity to respond.

Furthermore, within 72 hours, Ms. Workman initiated a negative performance evaluation, directly following his disclosure and request for medical accommodation—an evaluation that appears backdated in the system and was created after she was informed of his protected medical condition.

He was not remunerated again for nearly 30 days, despite repeated efforts to resolve the issue with HR, supervisors, and internal support systems.

### II. Human Impact and Statutory Protections Violated

| What Should Have Occurred | What Actually Occurred |

|--------------------------|-----------------------|

| Under 42 U.S.C. § 12112(d)(4)(C) (ADA confidentiality), only individuals involved in HR or with direct medical accommodation responsibilities should have been present during any discussion of medical conditions. | A confidential medical disclosure was made in a compromised environment. |

| Under 29 C.F.R. § 1630.14(c), medical information must be kept confidential and separate from personnel files, and not shared without direct necessity. | A verbal accommodation (2 days of paid medical leave) was given but reversed within hours via a payroll intervention. |

| Under 29 C.F.R. § 825.302 & § 825.303 (FMLA), when an employee discloses a serious health condition, the employer must facilitate—not obstruct—medical leave requests. | Pay was cut off immediately following the disclosure of a disability-related health crisis. |

| Under 29 C.F.R. § 1602.14, adverse action following the initiation of an accommodation or leave request triggers a presumption of retaliation, which must be rebutted with objective evidence. | A negative evaluation was initiated while the employee was under medical distress and after invoking ADA and FMLA protections. |

### III. Statutory Violations Identified

1. Retaliation under ADA Title I: 42 U.S.C. § 12203(a) prohibits retaliation against an individual for requesting reasonable accommodations or reporting discrimination.

2. Constructive Obstruction of Medical Leave (FMLA): 29 U.S.C. § 2615(a)(1)-(2) prohibits employers from interfering with or retaliating against the use of FMLA-protected leave. Chest pain and physician care are triggers under serious health condition definitions.

3. Violation of EEOC Confidentiality Standards: 29 C.F.R. § 1630.14(c)(1)(i) prohibits the disclosure of confidential medical information to unauthorized personnel.

4. Failure to Engage in Good-Faith Interactive Process: EEOC Guidance mandates employers to actively assist in accommodation after disclosure. Instead, the employer took punitive action.

5. Constructive Discharge and Payroll Withholding: Cutting pay following a protected medical disclosure, without notice or process, constitutes constructive interference under 29 C.F.R. § 1602.14 and can rise to constructive discharge if continued.

6. Bad Faith Retaliatory Documentation: The creation of an unprompted negative evaluation, temporally adjacent to a medical disclosure, demonstrates retaliatory animus and violates 42 U.S.C. § 2000e-3(a).

### IV. Pretextual Conduct and Contradictions in the Record

| Cox Position Statement Claim | Contradicted By |

|-----------------------------|-----------------|

| The position statement asserts that Cox “worked cooperatively with Mr. Coates to facilitate his return.” | June 28 incident where a medical disclosure was immediately met with loss of pay and negative evaluation. |

| Cox claims “Mr. Coates never presented documentation supporting his claims.” | Real-time, verbal disclosure of medical crisis followed by payroll action before any documentation could be submitted. |

| Cox claims “retaliation claims are unsupported.” | The temporal proximity of disclosure, retaliatory payroll action, and bad evaluation are classic “but-for” causation under EEOC Enforcement Guidance. |

| Performance evaluation began after disclosure, not as part of routine process. | System records and audit logs confirm timing and sequence. |

### V. Legal Designation of the Violation

- Constructive Obstruction of ADA Rights

- Retaliation for Protected Medical Disclosure

- Payroll Retaliation (WHD/DOL)

- Violation of Confidentiality and Due Process

### VI. Call to Action for Agencies and Record Review

This singular incident should be formally memorialized and transmitted to:

- EEOC (Charge No. 12K-2025-00001) – Retaliation, failure to accommodate, due process denial

- DOL WHD – Unlawful payroll withholding

- DOJ Civil Rights Division – Disability-based discrimination

- OSIG Virginia – State-level labor violations

- IRS/SSA – For wage/tax misreporting review

All parties and agencies are requested to preserve, review, and incorporate this incident and its evidentiary record in accordance with applicable law.

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## VII. MATERIAL FALSE STATEMENTS REQUIRING SWORN CORRECTION

| # | METLIFE DISABILITY FILE | COX POSITION STATEMENT | CONTRADICTION / STATUTE |

|---|------------------------|-----------------------|------------------------|

| 16-17 | "MetLife confirmed receipt of updated medical restrictions on October 22, 2024." "approved included phased return and remote work." (Exhibit J) Accommodations | "Cox did not receive any updated restrictions after the initial documentation." (SOP, p.29) "Mr. Coates rejected all accommodations." (SOP, p.12) | Contradicts interactive process obligations. 29 C.F.R. § 1630.2(o)(3) Misrepresents acceptance. 42 U.S.C. § 12112(b)(5)(A) |

| ... | ... | ... | ... |

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## VIII. STATUTORY AND REGULATORY STANDARDS FOR VERACITY AND EVIDENTIARY SUPPORT

This addendum is submitted in accordance with the requirements of the U.S. Equal Employment Opportunity Commission (EEOC), federal law, and recognized standards of legal practice. The following statutes, regulations, and agency guidance mandate that all factual statements, legal arguments, and position statements submitted in administrative and judicial proceedings must be accurate, succinct, and supported by evidence. Unsupported assertions, speculation, or mischaracterizations are improper and should be stricken or disregarded.

**EEOC Standards and Guidance:**  

- EEOC Quality Practices for Effective Position Statements  

- EEOC Enforcement Guidance (29 C.F.R. § 1601.15)  

- EEOC F

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