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PEREZ: May 19, 2025, 8:45AM Mr. Coates, Please advise as to whether the attached document shall serve as your rebuttal for the charge number referenced in the Subject line.
MR. COATES: May 19, 2025, 11:26 AM
MR. COATES: May 19, 2025, 11:26 AM Dear Investigator Perez, This is to memorialize the current status of EEOC Charge No. 12K-2025-00001 and to clarify the proper legal and procedural steps required of your office at this stage. 1. This Matter is Under Formal Appeal – No Action Permitted Pursuant to 29 C.F.R. § 1601.21 and EEOC Management Directive 110 (MD-110), Chapter 6, all substantive processing, including communications with the Respondent, closure of the file, or transmission of any rebuttal or findings, is stayed pending resolution of my appeal.
You are not authorized to submit, transmit, or otherwise act on any part of this case until the appeal is fully adjudicated.
PEREZ: May 19, 2025, 12:43PM
May 19, 2025, 1243PM
Please respond to my specific question by close of business today so I may move forward with this matter. I am unable to leave this matter idle without a response from you. Do you plan on submitting any additional factual information or is your attachment your written rebuttal?
Failure to respond to my question will be taken as a confirmation that your rebuttal has been filed and you do not plan on submitting any more information in regard to this matter by your deadline of May 21, 2025.
Alexander Perez
Investigator
EVIDENCE ORIGINAL
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Federal Recordkeeping & Cross-Agency Compliance Notice: This attachment is preserved and submitted in accordance with the Federal Records Act (44 U.S.C. § 3101), NARA regulations (36 CFR 1220.2), and EEOC recordkeeping requirements (29 C.F.R. § 1601.80 et seq.). Proper legal notice was served to all relevant agencies. Despite this, the attached record documents a prima facie violation, followed by cascading failures to comply with federal law and procedural standards.
Issuing a same-day response ultimatum to a pro se complainant violated MD-110 § 6-8’s requirement for reasonable, accessible timeframes.
Threatening to infer waiver from silence without formal closure violates 29 C.F.R. § 1601.18(b); such procedural shortcuts are unlawful.
Asserting finality from non-response improperly prejudiced the record, violating MD-110 § 6-14 and tainting future judicial review.
Unilaterally declaring silence equals waiver, without regulatory authority or formal notice, breaches 29 C.F.R. § 1601.15(c) and EEOC fairness mandates.
Repeated supervisory notice failures under MD-110 § 2-302 constitute dereliction of duty and permit unchecked procedural abuses to persist.
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