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Home Source documents Exhibit 1 Filed — America's Frontline Doctors v. Becerra (Dkt. 43.1)

Exhibit 1 Filed — America's Frontline Doctors v. Becerra (Dkt. 43.1)

Date
2022-01-07

Full text

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
AMERICA’S FRONTLINE
DOCTORS,  et al,
Plaintiffs,
v.
The UNITED STATES OF AMERICA,
et al,
Defendants.
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        Case No. 2:21-cv-702-CLM

EXHIBIT 1
FILED
 2022 Jan-07  PM 11:39
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 2:21-cv-00702-CLM   Document 43-1   Filed 01/07/22   Page 1 of 3

Raytheon Technologies - Internal Use Only
1

Frequently Asked Questions: COVID-19 Health and Safety Updates

This policy applies to employees who work in the United States, including Puerto Rico and other U.S.
territories, where allowed by local law. Any requirements for employees working outside the U.S. are
subject to the laws of each country and will be communicated locally. Where applicable, we will engage in
relevant union or works council discussions prior to implementation. Please regularly refresh your
browser cache to ensure you’re viewing the most up-to-date FAQs.

Vaccination and disclosure policy

       Updated Dec. 9, 2021
Disclosure and verification process
Getting fully vaccinated / booster shots
Reasonable accommodations

COVID-19 Vaccination and Disclosure Requirements

1.  Why is the company taking this action?
COVID-19 continues to significantly impact our communities, families and employees. With
employee health and safety as our top priority, Raytheon Technologies is taking action to
address the increased risk and uncertainty COVID variants pose in the workplace.

2.  Who is required to be vaccinated?
Full COVID-19 vaccination is required for all U.S. employees and onsite contractors. Effective
dates for this requirement are:

•
Effective immediately, any employee traveling for company business must be fully
vaccinated prior to traveling.

•
By Nov. 15, 2021,
o All company executives and new hires must be fully vaccinated.
o Contractors and employees who have worked from home either full or part
time during the pandemic must be fully vaccinated in order to enter a company
facility.

•
By Dec. 8, 2021, supplier personnel with un-escorted access privileges (e.g. badged
access) must be fully vaccinated in order to enter a company facility.

•
By Jan. 18, 2022, all U.S. employees must be fully vaccinated. Some employees may
be required to be fully vaccinated sooner based on customer requirements and/or
federal guidance.

Fully vaccinated means two weeks have passed since a single-shot vaccine or the second dose
of a two-shot vaccine. Once the FDA requirements are defined for COVID-19 vaccine booster
shots, employees will be required to obtain the shots at the recommended interval to be
considered fully vaccinated. Requests for medical or religious exceptions will be considered on
a case-by-case basis.

3.  Is this legal?
Case 2:21-cv-00702-CLM   Document 43-1   Filed 01/07/22   Page 2 of 3

Raytheon Technologies - Internal Use Only
2

Yes. U.S. employers are legally entitled to collect vaccination-related information, including
vaccination status, and may require vaccination to control the risk of transmission during a
pandemic.

The company will abide by all applicable state and federal laws on the collection, storage,
protection, and deletion of personal medical information. Vaccination requirements have been
promulgated pursuant to federal law and supersede any contrary state or local law or ordinance.
The company will, however, comply with any applicable state law or municipal ordinance
establishing more protective workplace safety protocols than those established under current
federal guidance.

4.  Doesn’t this policy violate the Health Insurance Portability & Accountability Act
(HIPAA)?
No. This policy and the data collected in the vaccination form are not subject to HIPAA.  While
vaccination status is not Protected Health Information, it is Sensitive Personal Information under
RTX’s Privacy Policy, General Corporate Policy 24, and will be collected, stored, protected, and
disposed of appropriately.

5.  Doesn’t this policy violate my rights under the Nuremberg Code which prohibits
forced use of experimental drugs?
No. Although the Nuremberg Code applies only to governments and not private employers,
COVID-19 vaccines are not experimental because the vaccines went through rigorous clinical
trials and have either received emergency use authorization by the FDA (Moderna and J&J
vaccines) or have received full FDA approval (Pfizer/Comirnaty vaccine). The company’s policy
has been carefully reviewed and is fully lawful under all applicable laws.
6.  I live in a U.S. state that prohibits mandating COVID-19 vaccinations. Does this policy
apply to me?
Yes. In every U.S. state, irrespective of state law, the company must comply with its obligations
under federal Executive Order 14042, which requires federal contractors to ensure that all
employees working on or in connection with covered federal contracts, including those working
remotely or at a covered contractor workplace, are fully vaccinated by Jan. 18, 2021. These
requirements have been promulgated pursuant to federal law and supersede any contrary state
or local law ordinance. The company will, however, comply with any applicable state law or
municipal ordinance establishing more protective workplace safety protocols than those
established under current federal guidance.

7.  I would like the company to complete a COVID-19 inquiry form, who can I have
complete it?
To answer questions or concerns about the company’s policy, please see the policy
announcement and FAQs that were issued by the company. Should you have concerns about
any particular vaccine, we recommend you contact your medical provider to ask any questions
you may have. If you feel that you need an accommodation for medical or religious reasons,
please submit your accommodation request to People Services by calling 1-866-295-HRHR
(4747). The company will not complete the form you’ve submitted. Instead, please see the
documentation referenced above.

8.  Will employees working outside of the U.S. follow this policy?
Case 2:21-cv-00702-CLM   Document 43-1   Filed 01/07/22   Page 3 of 3

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