INTRODUCTION

1. By all accounts, the City of Raleigh is waging a multi-front war on

discrimination. The City’s own ordinances and public statements stand as monuments to a polity

that confesses with its mouth an unqualified commitment to rooting discrimination out by any

means necessary. The City even says “equity,” a term it defines to include “opportunity for the

advancement of all people across all systems,” is something “the City strives for in all policies.”

Equity and Inclusion Definitions, City of Raleigh, https://raleighnc.gov/SupportPages/equity-

and-inclusion-definitions (last updated June 25, 2020).

2. Actions speak louder than words. “By their fruits you shall know them,” Matthew

7:16, and the City’s COVID-19-era produce is rotten to the core. Without even bothering to put

the matter up to a vote, the Mayor and City Manager issued the following communique to more

than 3,800 police officers, firefighters, and other City workers: you can keep working for us, but

if you do not take one of the COVID-19 vaccines, we will not promote you. “Opportunity for

advancement” still exists, just not for “all people,” but rather for those who make personal

healthcare decisions Mayor Mary-Ann Baldwin and City Manager Marchell Adams-David

approve of. Plaintiffs—sixty-eight police officers, firefighters, and other City workers—filed this

lawsuit because they want equal opportunity to advance their careers like everyone else.

3. Plaintiffs could have abandoned their posts at the outset of the COVID-19

pandemic and followed City leadership’s example by staying “safer at home.” There is no

“remote work” option for responding to domestic violence, shootings, car accidents, fires, or

riots in downtown Raleigh. While white-collar professionals sheltered in place, Plaintiffs woke

up every day, put on their uniforms, faced down COVID-19, and put their lives on the line to

protect and serve Raleigh’s citizens. They still do. But now, because City leadership disagrees

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with their personal decision to decline the COVID-19 vaccines, the City limits their career

prospects, forcing Plaintiffs to choose between putting a vaccine into their bodies that they have

serious questions and concerns about and looking for career advancement elsewhere. The law

does not allow City leadership to force Plaintiffs between Scylla and Charybdis like this.

4. Many employees have already left the City to find employment in jurisdictions

that respect an individual’s right to make their own healthcare choices. To make matters worse

for Raleigh’s citizens, the City is facing a police shortage, putting the City’s most basic mission,

which is to protect people and property, at risk. Joel Brown, Raleigh COVID-19 vaccine mandate

may worsen city’s police officer shortage, Oct. 18, 2021, https://abc11.com/raleigh-vaccine-

mandate-first-responder-covid-city-of-freedom-to-choose/11141859/. As “a national expert on

labor and employment law” noted, the City’s promotion bar “doesn’t make much sense” as “this

is about the worst time cities can be issued mandates and ultimatums to its first responders.” Id.

That did not stop the City.

5. In October 2021, Plaintiffs asked the City to rethink its policy. The City ignored

Plaintiffs’ pleas. Then, on April 1, 2022, the City doubled down on its mandate. The City lifted

its testing mandate, at least for now, but it kept its ban on promotions for unvaccinated

employees in place. The City also announced that it would discriminate against unvaccinated

employees in a new way. Effective July 31, 2022, employees must demonstrate that they and

their spouse are vaccinated against COVID-19 or the City will tag them with a monthly $50

health insurance surcharge.

6. “Obey the rules. It’s not that difficult,” Mayor Baldwin said last year. Joe Fisher,

‘Obey the rules. It’s not that difficult,’ Raleigh mayor says as bars reopen, WRAL, Feb. 26,

2021, https://www.wral.com/coronavirus/obey-the-rules-it-s-not-that-difficult-raleigh-mayor-

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says-as-bars-reopen/19548305/. It turns out that, in issuing its COVID-19 vaccine mandate, the

City did not obey its own ordinances, state and federal law, our State’s Constitution, or the U.S.

Constitution. This case is as much about the City’s failure to “obey the rules” as it is about

Plaintiffs’ individual rights, bodily autonomy, and livelihoods.

PARTIES, JURISDICTION, AND VENUE

7. Plaintiffs are sixty-eight police officers, firefighters, and other workers employed

by the City of Raleigh. Plaintiffs have more than 700 years of combined work experience in their

respective fields.

a. Plaintiffs Manson, Warner, Coe, Strong, Halpin, Clark, Burke, Freese,

Parker, Inguanta, Strachan, Hoyle, Brian Hall, Campbell, Mercer, O’Neal, Robinson, Posthumus,

Parker, O’Neal, Loken II, Petersen, Haith, Foran, Alexander Hall, Hogan, Caron, Embler,

Bennett, Varnell, Little, Vigeant, Shafritz, and DiSimone are police officers with more than 400

years of combined experience, working to protect and serve Raleigh’s citizens.

b. Plaintiffs Creech, Nelson, Mastin, Campasano, Caban, Capps, Prato,

Monroe, Rice, Pearce, Kilmer, Wheeler, Bolduc, Petty, Artze, Burgess, Tant, Condemi, and

Dillard are firefighters with nearly 200 years of combined experience.

c. Plaintiffs Shirley, Utley, Davis, Chance, McLamb, Hawley, Frost, Blouse,

Lee, Flowe, Willis, Walker, Crum, Worley, Ferguson, and Mooneyham serve in emergency

communications, engineering services, public utilities, parks and recreation, planning, and

engineering services. These professionals have more than 120 years of combined experience.

8. Defendant Mary-Ann Baldwin is the Mayor of the City of Raleigh. Mayor

Baldwin is the City’s Chief Executive Officer. Mayor Baldwin performs her duties in Wake

County. Plaintiffs sue Mayor Baldwin in her official capacity.

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 9. Defendant Marchell Adams-David is the City Manager of the City of Raleigh.

City Manager Adams-David is the chief administrator of the City responsible for “see[ing] that

§ 7A-243 council are faithfully executed within the city.” N.C. Gen. Stat. § 160A-148(a)(4).

Plaintiffs sue Manager Adams-David in her official capacity.

10. Defendant City of Raleigh is a municipal corporation organized under the laws of

North Carolina. The City operates in Wake County.

11. This Court has personal jurisdiction over Defendants under N.C. Gen. Stat. § 1-

75.4.

12. Plaintiffs are entitled to a declaratory judgment under N.C. Gen. Stat. §§ 1-253

through 1-267, inclusive and N.C. R. Civ. P. 57 and 65, that the City’s COVID-19 vaccine

mandate is null and void with no legal effect.

13. This Court subject matter jurisdiction over this case under N.C. Gen. Stat. § 7A-

243 given that the amount in exceeds $25,000. This Court also has subject matter jurisdiction

under N.C. Gen. Stat. § 7A-245.

14. Venue is proper in this Court under N.C. Gen. Stat. § 1-82.

BACKGROUND

I. The City of Raleigh’s War on Discrimination

15. What is discrimination? As one North Carolina court put it, discrimination “is

defined as follows: ‘the act or an instance of discriminating: as (1) the making or perceiving of a

distinction or difference . . . (2) recognition, perception, or identification esp. of differences:

critical evaluation or judgment.’” In re Williams, 58 N.C. App. 273, 279, 293 S.E.2d 680, 684

(1982) (quoting Webster’s Third New International Dictionary 648 (1968)). “Wrongful

discrimination” is a separate concept, and it “encompass[es] the question of whether wrongful

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differentiations were made.” Id.

16. The Raleigh City Council’s ordinances address discrimination. In early 2021, the

City Council enacted an ordinance which provides that “[t]he City will not tolerate illegal

discrimination and encourages its corporate and individual community partners to oppose

discrimination in all forms.” Raleigh, N.C., Ordinance No. 2021-175 (Jan. 5, 2021) (emphasis

added). The ordinance amended the following section of the Raleigh City Code entitled “Policy

of Nondiscrimination”:

(a) The policy of the City of Raleigh is, and shall be, to oppose any
discrimination based on actual or perceived age, mental or physical disability, sex,
religion, race, color, sexual orientation, gender identity or expression, familial or
marital status, economic status, veteran status or national origin in any aspect of
modern life. For purposes of this article, discrimination based on race and national
origin shall include discrimination based on an individual’s hair texture or hairstyle,
if that hair texture or that hairstyle is commonly associated with a particular race or
national origin, including, but not limited to, braids, locks, twists, tight coils or
curls, cornrows, Bantu knots, and Afros.

(b) The administration, committees, commissions, and boards of the City are
hereby directed to use their full power and resources, as by law duly given, to
prohibit and discourage discrimination as hereinabove mentioned.

(c) The City Manager and the City Attorney are directed to include within the
terms of all contracts of and grants from the City a nondiscrimination provision
which will carry out the effect of this section; provided that nothing in this section
shall be construed to encroach upon the powers or immunities of the State or
Federal governments.

(d) The City Manager is directed to establish such policies as will insure that
there is no discrimination in any function or area of City government.

(e) Recognizing the substantial benefits that an equitable, diverse, and inclusive
community provides, the City supports those community members and businesses
whose efforts support a community free from discrimination. Equity, diversity and
inclusion are cornerstones of a strong local economy and commercial activities
within the City should support economic growth and not hamper it. The City will
not tolerate illegal discrimination and encourages its corporate and individual
community partners to oppose discrimination in all forms. All citizens of the City,
individual and corporate, are hereby requested and urged to use their power and
influence to the end that this City shall be one of equal opportunity for all citizens.

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Raleigh, N.C., Code § 4-1004.

17. This ordinance casts a broad antidiscrimination policy. In the City’s official

“Policy of Nondiscrimination,” the City Council instructed “[t]he City Manager . . . to establish

such policies as will insure that there is no discrimination in any function or area of City

government.” Id. § 4-1004(d). The City Council could have written “no wrongful

discrimination,” “no illegal discrimination,” or “no discrimination based on the grounds set forth

herein” into subsection (d), but it did not.

18. The City Council did identity wrongful discrimination elsewhere in the policy.

Unlike subsection (d), subsection (a) refers to “discrimination on the basis of” different protected

categories, while subsection (b) refers to “discrimination as hereinabove mentioned,” an explicit

reference back to subsection (a). Subsection (e) similarly says that “[t]he City will not tolerate

illegal discrimination,” but also says that the City “encourages its corporate and individual

community partners to oppose discrimination in all forms,” which is another unqualified

reference to discrimination.

19. During the City Council’s January 5, 2021 meeting, City Attorney Robin Tatum

gave an overview of each of the five subsections of section 4-1004. With respect to subsections

(a), (b), and (d), Ms. Tatum explained that “those three sections read together basically prohibit

discrimination for any City action that is taken in any aspect of the City government.” Raleigh

City Council Afternoon Meeting – January 5, 2021, https://youtu.be/aFK76zr-DQY?t=9389. In

her remarks, Ms. Tatum did not qualify the anti-discrimination commitment in subsection (d) of

the City’s Nondiscrimination Policy.

20. Elsewhere in the Raleigh Code, the City Council defined precisely what it meant

by discrimination. For example, in the Raleigh Fair Housing Ordinance, the City Council defined

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discrimination as “[a]ny direct or indirect act or practice of exclusion, distinction, restriction,

segregation, limitation, refusal, denial, or any other act or practice of differentiation or

preference in the treatment of a person or persons because of race, color, religion, national origin

or sex, or the aiding, abetting, inciting, coercing or compelling thereof.” Raleigh, N.C., Code § 4-

2002. The City Council could have put this definition of discrimination into section 4-1004, but

it did not.

21. The City has made other statements regarding its war on discrimination. A policy

statement on the City’s website proclaims that “[t]he City of Raleigh is committed to establishing

and advancing an equitable community for all.” City of Raleigh Statement on Equity, City of

Raleigh, https://raleighnc.gov/SupportPages/city-raleigh-statement-equity (last updated Apr. 9,

2021). Elsewhere, the City states that it “strives for equity in all policies.” Equity and Inclusion

Definitions, supra. Raleigh defines the term “equity” as “[j]ustice, fair treatment, and opportunity

for the advancement of all people across all systems.” Id. (emphasis added). Related, for the City

“inclusion” means “[e]veryone is welcome, respected, and valued allowing for full participation

and a mutual exchange of ideas.” Id. (emphasis added).

22. The City’s antidiscrimination agenda extends to employment. One of the stated

goals of the City’s Racial Equity Action Plan is for Raleigh to be “an inclusive employer of

choice.” City of Raleigh, Office of Equity & Inclusion, Raleigh Equity & Inclusion Action Plan,

at 2, available at https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal-

prod/COR30/racial-equity-action-plan-raleigh.pdf. Notably, one of the measures for the plan’s

success, under the heading “Workforce Equity,” is that the “[d]emographics of the Raleigh

workforce reflect demographics of the community across positions.” Id.

23. According to the North Carolina Department of Health and Human Services, 83%

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percent of the population in the Wake County eighteen years of age and older have received

either two doses of the Moderna or Pfizer-BioNTech vaccines or one dose of the Johnson &

Johnson vaccine.

N.C. Dep’t Health & Human Servs., Vaccines,

https://covid19.ncdhhs.gov/dashboard/vaccinations (last visited Mar. 29, 2022).

24. If the City’s workforce is supposed to “reflect the demographics” of “the

community,” then City leadership should expect that at least 17% of the City’s workforce will

not be vaccinated against COVID-19. Nevertheless, as described further below, the operating

premise of the City’s mandate is that essentially all City workers will agree with Mayor Baldwin

and Manager Adams-David about the vaccines.

II. The City’s COVID-19 Discriminatory Vaccine Mandate

A. The Events Leading to the Mandate

25. In December 2020, the Food and Drug Administration granted Emergency Use

Authorizations for the Pfizer-BioNTech and Moderna COVID-19 vaccines. In a January 4, 2021

statement, FDA reported that the two vaccines “have now shown remarkable effectiveness of

about 95% in preventing COVID-19 disease in adults.” FDA, FDA Statement on Following the

Authorized Dosing Schedules for COVID-19 Vaccines, Jan. 4, 2021, https://www.fda.gov/news-

events/press-announcements/fda-statement-following-authorized-dosing-schedules-covid-19-

vaccines. Other sources reported that “[t]rials have shown that the vaccines are remarkably

effective in preventing COVID-19: about 95% effective for the Pfizer vaccine, about 94% for

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Moderna.” Bill Levesque & Jessica Barton, Moderna vaccinations begin for health care

employees at UF Health in Gainesville, Dec. 23, 2020, https://ufhealth.org/news/2020/moderna-

vaccinations-begin-health-care-employees-uf-health-gainesville.

26. Initially, even with these positive reports from health authorities and media, the

City took a nuanced approach to the vaccines. During a January 5, 2021 City Council meeting,

the Director of the City’s Office of Emergency Management and Special Events explained that a

“[v]accine alone won’t stop the spread of COVID-19,” and that “[w]e need to continue to

practice the three W’s”—wash your hands, watch your distance, and wear a mask. Similarly, on

March 2, 2021, the Director explained the City was “prioritiz[ing] safety and will continue to

follow guidance and best practices from the County, State, and CDC,” and that the “[r]eopening

team is working on how to safely bring City staff back to work.” None of these presentations

forecast any vaccine mandates.

27. Meanwhile, Mayor Baldwin publicly supported the vaccines. On March 3, 2021,

Mayor Baldwin tweeted a picture of herself getting vaccinated. “I have never been so happy to

get a shot,” she said. In April, Mayor Baldwin encouraged citizens to “[g]et your shot and let’s

bring our state back to life!” Mayor Baldwin even assured one citizen that she “[d]idn’t even see

the needle” and that her shot was “painless.” Mayor Baldwin was trying to persuade citizens to

get vaccinated, but she made no reference to vaccine mandates. Her position started to subtly

shift in June 2021, when she tweeted a flat demand to the citizens she serves to “[g]et your shot,”

but again she said nothing about mandates.

28. It was not until September 2021, nine months after the first COVID-19 vaccines

were authorized, that City leadership announced a new COVID-19 vaccine mandate. At a

September 21, 2021 City Council Meeting, an employee in the City’s Human Resources Office

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presented the evidentiary basis for the mandate, which consisted of a single chart, shown below.

29. During the meeting, the employee explained that the chart shows “the cases have

steadily increased over the last few months.” The employee did not acknowledge that case

numbers increased after the COVID-19 vaccines became available in early 2021. Nor did she

explain how, in view of that fact, a vaccine mandate would reduce case counts. The employee

later noted that 71% of the City’s employees were vaccinated at the time. She did not

acknowledge the City’s stated goal of having a workforce that “reflects the demographics” of

“the community,” which would necessarily entail that at least a portion of the workers would

decline the vaccines.

B. The Mechanics of the City’s Discriminatory Mandate

30. Details of the City’s mandate emerged primarily through a set of Frequently

Asked Questions or FAQ issued to managers by City leadership in September 2021. At the time,

the stated rationale for the policy was “to be responsive to the increase in COVID-19 infections

in our community” so that “we can help to slow the spread of COVID-19.” Ex. A attached at 9.

The policy purported to achieve that goal by treating vaccinated and unvaccinated people

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differently—by discriminating between the two groups—in at least three different ways.

31. The first way was testing. The City acknowledged that vaccinated people can

contract and spread COVID-19. Id. at 15. Nevertheless, the City required unvaccinated

employees to test weekly while vaccinated employees were not. The City also rejected natural

immunity to COVID-19. “Serology (blood test) for antibodies will not be accepted,” the City

said. Id. at 17. Why? Because “[t]he CDC does not recommend using these tests to diagnose

COVID-19.” Id. As such, the City required unvaccinated employees who recovered from a

COVID-19 infection to test weekly. Id. By contrast, fully-vaccinated employees, even if they

lack COVID-19 antibodies, were not required to test. Id. at 21. The City also required

unvaccinated employees to test on their own time, and at their own personal expense. Id. at 16.

32. On April 1, 2022, the City suspended the testing requirement, citing a “low

transmission rate” and a COVID-19 positivity rate below 5%. Ex. B attached at 4. At the same

time, the City said that “we will continue to remain alert to any changes to CDC’s guidelines and

act accordingly.” Id. With this, the City kept open the possibility that it would reinstate the

testing mandate at a future date.

33. When the testing mandate was in effect, what happened to an employee who

declined testing or vaccination? The City instructed that employee to “continue to report to work

as scheduled unless they are symptomatic or have been exposed to COVID.” Id. at 32 (emphasis

added). Under the mandate, the insubordinate employee was “allowed to be at work for three

weeks before being sent home.” Id. at 33. Why? Because “[i]t is the City’s expectation that all

employees will receive the vaccination or get tested weekly before they place themselves in the

position of receiving discipline.” Id.

34. The second area of disparate treatment is pay and leave. Under the City’s initial

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Vaccination Incentive Program, fully-vaccinated, full-time City employees were entitled to a

$250 bonus and two days of paid leave. Id. at 26. Unvaccinated employees were not eligible for

the bonus or the paid leave. Id. at 29. Further, “[e]mployees who have received a reasonable

accommodation not to be vaccinated are not eligible for the incentive.” Id. at 26; see also id. at

29 (“Q17: If an employee has received a reasonable accommodation to not be fully vaccinated

due to a medical or religious exemption, are they eligible for the Vaccination Incentive Program?

A17: No. The Vaccination Incentive Program is only available to fully vaccinated employees.”).

35. Though this program was billed as an “incentive” program, all fully-vaccinated

employee who received COVID-19 vaccines before the program was announced were eligible

for the bonuses. In this regard, this program was, in the City’s lexicon, a “privilege” for such

vaccinated employees, in that the bonus and extra time off is “[a]n unearned set of advantages.”

Equity and Inclusion Definitions, supra. As of April 1, the City suspended its cash and leave

incentives program. Ex. B attached at 5.

36. The third area in which the City discriminates against employees like Plaintiffs is

career development. Without a religious or medical exemption, the City flatly denies promotions

to unvaccinated employees. Ex. A attached at 34. The same principle applies to transfers and

demotions. Id. By contrast, employees subject to reclassification or internal transfer have the

option of testing in lieu of vaccination. Id. Related, the City requires new hires to be fully

vaccinated against COVID-19 unless those prospective employees have a medical or religious

accommodation. Id. at 35.

37. The City reaffirmed the promotion bar on April 1. Ex B attached at 24. The City

also stated there would be no exceptions to the policy. Id. The City offered no supporting

rationale for how the promotion bar assisted with the fight against COVID-19. See id.

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 38. The COVID-19 vaccines are not risk free. While the CDC reports that the

vaccines are “safe and effective,” the agency also acknowledges that “[i]n rare cases, people

have experienced serious health events after COVID-19 vaccination.” CDC, Safety of COVID-19

Vaccines, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/safety-of-vaccines.html

(last updated Mar. 29, 2022). More specifically, the CDC confirmed reports of myocarditis,

pericarditis, anaphylaxis, thrombosis with thrombocytopenia syndrome, and death. CDC,

Selected Adverse Events Reported after COVID-19 Vaccination,

https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/adverse-events.html (last updated

Mar. 29, 2022). With respect to myocarditis, “CDC and FDA have verified 1,396 reports” of that

condition. Id.

39. From the City’s perspective, any risk from the vaccines are borne by workers, not

by the organization mandating the shots. “If an employee gets vaccinated and has an adverse

reaction,” then they are to “use accrued sick leave.” Ex. A attached at 8. Employees without

“accrued leave available may use unpaid leave.” Id. Workers are also responsible for any

medical expenses. The new April 2021 FAQ did not alter this policy. See Ex. B attached at 13.

40. The City is adding another layer of discrimination against unvaccinated

employees: a $50 monthly health insurance surcharge.

Q11: What else is the City doing to keep employees safe?

A11: A COVID-19 vaccination compliance program is being implemented as one

of the City’s COVID-19 prevention strategies for the workforce and for the
community.

Effective July 31, 2022, employees and their spouses, retirees and their spouses,
and GoRaleigh employees and their spouses, who participate in the City’s health
insurance plan, must show proof of vaccination against COVID-19 in order to
receive the City’s healthcare premium. Otherwise, they will be subject to a $50
monthly surcharge to their healthcare premium starting January 1, 2023.

Id. at 4. Even though there are COVID-19 vaccines available for children, the City is not
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requiring the children of City of employees to be vaccinated to avoid the surcharge. Id. at 14.

41. Upon information and belief, the City has no actuarial evidence that unvaccinated

employees consume more health insurance benefits than vaccinated employees or are otherwise

more expensive to insure. Upon information and belief, did not even conduct an actuarial

analysis to support the proposed surcharge.

42. Upon information and belief, the City has relationships with other local fire and

police departments to provide additional coverage for Raleigh citizens. At least some of these

adjacent jurisdictions do not have vaccine mandates, which means the City is open to allowing

43. COVID-19 appears to be the only respiratory disease the City is interested in

keeping the community safe from. The CDC says “[e]veryone 6 months of age and older should

get an influenza (flu) vaccine every season, with rare exceptions.” CDC, Who Should and Who

Should NOT Get a Flu Vaccine, https://www.cdc.gov/flu/prevent/whoshouldvax.htm (last

reviewed Aug. 24, 2021). But the City has “no plans to require Flu vaccinations.” Id. at 14.

Why? The City offers no explanation.

C. COVID-19 Case Counts Increase After the Mandate

44. As the City rolled out its mandate, and new variants of COVID-19 emerged,

public health authorities started to report on the waning efficacy of the COVID-19 vaccines. As

early as August 2021, USA Today reported that “[t]he CDC’s latest research shows vaccine

effectiveness, which was at 91% before the dominance of the delta variant, has dropped to 66%.”

Jeanine Santucci, ‘Keep your guard up’: CDC studies show waning COVID-19 vaccine efficacy

as delta variant sweeps US, US Today, Aug. 24, 2021,

https://www.usatoday.com/story/news/health/2021/08/24/covid-vaccine-efficacy-delta-variant-

cdc-study-los-angeles/5578703001/. Regardless, even though the City did not mandate any

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COVID-19 vaccines when efficacy was thought to be 95%, City leadership moved forward with

the mandate anyway, without even so much as acknowledging this issue.

45. The City’s failure is not surprising. The mandate did not go before the Civil

Service Commission, as the Raleigh Civil Service Act requires, and it was never voted, so

neither Plaintiffs nor any other of the public had the opportunity to ask these questions.

46. The mandate went into effect in September 2021. As shown below, in a report

given to the City Council on February 15, 2022, COVID-19 case counts increased dramatically

after the mandate went into effect. Of the 1,408 total cases of COVID-19 since March 2020,

more than half of the cases occurred after the City’s mandate, and roughly 83% of all City

worker cases occurred after December 2020, the month in which FDA authorized the Pfizer-

BioNTech and Moderna vaccines.

47. The City asserts that “[e]mployees that have received the COVID-19 vaccine are

far less likely to contract the virus and are, therefore, less likely to spread it.” Ex. B attached at

16. But that claim is contradicted by the increase in COVID-19 cases after the City’s mandate

15
went into effect. The City’s latest FAQ does not even acknowledge this data.

III. The City’s Attempts to Nullify the General Assembly’s Limitations on the Exercise
of its Power

48. As our State’s Supreme Court has explained, “North Carolina is not a home rule

jurisdiction,” and the North Carolina Constitution grants “the General Assembly exceedingly

broad authority over the ‘powers and duties’ delegated to local governments,” subject to other

constitutional limitations. City of Asheville v. State, 369 N.C. 80, 105, 794 S.E.2d 759, 777

(2016); see also N.C. Const. art. VII, § 1 (“The General Assembly shall provide for the

organization and government and the fixing of boundaries of counties, cities and towns, and

other governmental subdivisions, and, except as otherwise prohibited by this Constitution, may

give such powers and duties to counties, cities and towns, and other governmental subdivisions

as it may deem advisable.”). This is the reverse of the relationship between the States and the

Federal Government established in the U.S. Constitution. Cf. U.S. Const. amend. X.

49. The General Assembly provided for the government of our State’s cities in

chapter 160A of the General Statues. Nothing in chapter 160A grants cities the express power to

mandate the COVID-19 vaccines for employees or any other person. Chapter 160A contains one

reference to vaccines, and it contemplates “employment vaccination against smallpox,” not

COVID-19. See N.C. Gen. Stat. § 160A-164.1 (providing that “[a]ll municipalities that employ

firefighters, police officers, paramedics, or other first responders shall, not later than 90 days

after this section becomes law, enact a policy regarding sick leave and salary continuation for

those employees for absence from work due to an adverse medical reaction resulting from the

employee receiving in employment vaccination against smallpox.”).

50. The General Assembly empowered the “council,” meaning the City of Raleigh’s

governing board, id. § 160A-1(3), to “adopt or provide for rules and regulations or ordinances

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concerning but not limited to annual leave, sick leave, special leave with full pay or with partial

pay supplementing workers’ compensation payments for employees injured in accidents arising

out of and in the course of employment, hours of employment, holidays, working conditions,

service award and incentive award programs, other personnel policies, and any other measures

that promote the hiring and retention of capable, diligent, and honest career employees.” Id.

§ 160A-164. Nothing in this statute gives the City Council the express power to mandate any of

the COVID-19 vaccines for employees or for members of employees’ families.

51. These omissions are telling. Our State’s cities do not have unlimited police

powers. As a unanimous North Carolina Supreme Court observed, “we recognize municipalities’

need to protect their citizens, but we are unwilling to construe our General Statutes to give

municipalities unfettered power to regulate in the name of health, safety, or welfare, as there is

nothing in government more dangerous to the liberty and rights of the individual than a too ready

resort to the police power.” King v. Town of Chapel Hill, 367 N.C. 400, 413, 758 S.E.2d 364,

374 (2014) (internal quotations and alterations omitted).

52. Even assuming the City Council has the statutory authority to mandate COVID-

19 vaccines for employees, the City Manager does not have the authority to do so. That makes

sense under the North Carolina Constitution, because all legislative power in this State comes

from the legislative branch, not the executive. See N.C. Const. art. II, § 1 (“The legislative power

of the State shall be vested in the General Assembly, which shall consist of a Senate and a House

of Representatives.”).

53. Nothing in the City Manager’s enabling statute gives that person the power to

make personnel rules. To the contrary, the General Assembly provided that the City Manager

“may suspend or remove all city officers and employees not elected by the people . . . in

17
accordance with such general personnel rules, regulations, policies, or ordinances as the council

may adopt.” N.C. Gen. Stat. § 160A-148(a)(1) (emphasis added). Nor did the General Assembly

grant the City Manager any general rulemaking authority. Rather, the City Manager “shall see

that all laws of the State, the city charter, and the ordinances, resolutions, and regulations of the

council are faithfully executed within the city.” Id. § 160A-148(a)(4).

54. The limitations on the scope of the City Manager’s authority are relevant here.

The Raleigh City Council did not vote on or otherwise approve the mandates at issue in this case.

It is undisputed that the mandates came from Manager Adams-David. As Mayor Baldwin told

the media in October 2021, “I support the City Manager and the rules that are in place.” Joel

Brown, supra. Another report noted that “Raleigh’s city manager has ordered that all city

employees show proof of vaccination or submit to weekly COVID tests and that only vaccinated

city employees will be considered for promotion.” Editorial, NC police who refuse to get

vaccinated break their pledge to ‘protect and serve’, News & Observer, Oct. 18, 2021,

https://www.newsobserver.com/opinion/article255046372.html (emphasis added). But the City

Manager has no authority to issue personnel rules at all, much less a vaccine mandate.

55. The City, Mayor Baldwin, and City Manager Adams-David are not only operating

outside the authority they have under chapter 160A, they are also violating the Raleigh Civil

Service Act. The “general purpose” of that statute “is to establish for the City of Raleigh a

system of personnel administration based on merit principles.” 1981 N.C. Sess. ch. 241, § 1. In

the Raleigh Civil Service Act, the General Assembly provided a detailed scheme for the vetting

of “personnel rules,” first through review by the Civil Service Commission, and ultimately

through review and approval by the Raleigh City Council. Id. § 2. The City did not follow any of

those procedures here. Manager Adams-David unilaterally ordered the mandate.

18
 56. Consistent with its purpose of creating a system “based on merit principles,” the

General Assembly also directly addressed the issue of promotions, providing that “[a]ll

appointments, retentions and promotions of city officers and employees covered by this act shall

be made solely on the basis of fitness and merit.” Id. § 4 (emphasis added). With its mandate, the

City insists on nullifying this language, which requires all promotion decisions to be based on an

employee’s ability to get the job done, interposing a vaccination requirement that has nothing to

do with whether or not someone can actually do the work. That violates the statute.

57. Unfortunately for Defendants, it is too late to retrofit the City’s mandates into the

“fitness and merit” language in section 4 of the Act. Vaccination status has nothing to with

whether someone can do a job. The City’s own policy acknowledges this. Again, the City is not

mandating the COVID-19 vaccines for someone to serve as a first responder or any other role.

An unvaccinated person can work for the City. Previously, they could even refuse to test or get

vaccinated, and the City required them to report in for work regardless. As Duke Law School

Professor Dan Bowling put it, the promotion mandate “doesn’t make much sense.” Brown,

supra. “If someone is dangerous to be in the workforce. What that does that have to do with them

being promoted?” Id. Tying promotions to vaccine status is not about keeping people safe. What

it is about is power—the arbitrary and capricious exercise of power—and punishing employees

who have the temerity to disagree with City leadership’s views on the COVID-19 vaccines.

58. The City’s punitive treatment of its unvaccinated minority is further evident in its

handling of religious accommodation requests. For the City, religion is not a private matter.

Anyone who has concluded that taking a COVID-19 vaccine would violate their conscience can

look forward to standing before the City’s Human Resources Department for an inquisition

regarding their personal views and medical histories. The following line of questioning is an

19
example, and it illustrates the City’s approach:

1. Since you have presumably complied with the City’s requirement

concerning COVID vaccination/testing please advise why you require
an accommodation at this time.
2. Please explain your sincerely held beliefs in general (what is your
belief system?)
3. When did you embrace this belief system?
4. Please give some examples of how you adhere to these beliefs.
5. How does your request relate to your belief system?
6. Are your beliefs related to a social, political, or economic philosophy?
Please explain.
7. Have you ever received the flu shot or other vaccinations? If so, when?
How often over the prior five years have you received vaccinations
and what types of vaccinations have you received?
8. Have you conferred with others about your accommodation request?
Identify the people employed with the City with whom you have
discussed your request.

Ex. C attached.

59. How many shots have you taken? When did you did you start believing in a

higher power? You have not talked about this with anybody else, have you? Who did you talk

to? All this for disagreeing with Mayor Baldwin and Manager Adams-David about the vaccines.

IV. The City’s Violation of Our State’s Antidiscrimination Laws

60. At one time, some of this State’s most powerful newspapers shuddered at the

thought of any employer, much less a city, rifling through its employees’ personal lives or telling

them how to live. In 1992, the Raleigh News & Observer and the Greensboro News & Record

both held the line in favor of legislation to prevent employers from discriminating against

employees based on their smoking habit. The News & Observer worried that, unless the General

Assembly intervened, employers would create a “jungle of discriminatory treatment.” Editorial,

On your time—not the boss’s, News & Observer, June 24, 1992, at A12. “Just about everyone

has some risk-bearing habit” like smoking, the paper observed. Id. Should the General Assembly

just stand by and let employers control their workers in this way? No way, the News & Observer

20
said then, even though the CDC estimates that smoking kills 480,000 Americans a year,

including an estimated 41,000 from secondhand smoke. CDC, Tobacco-Related Mortality,

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/tobacco_related_mortality

/index.htm (last visited Mar. 31, 2022).

61. The Greensboro News & Record joined this chorus, noting “the death of company

towns and increasing respect for individuals’ right to privacy.” Editorial, Work rules shouldn’t

infringe on employee time, News & Record, May 28, 1992, at A16. “Now some companies are

trying to stop workers from engaging in risky activities, including parachuting, recreational

flying, skiing, scuba diving, motorcycling and bungee-jumping,” the paper noted. Id. “If the

trend continues, who knows what employers will ban next.” Id.

62. Ultimately, the General Assembly heeded these papers’ calls, and enacted “lawful

products” (i.e., tobacco) antidiscrimination legislation. The statute, which applies to the City,

makes it an

unlawful employment practice for an employer to fail or refuse to hire a prospective

employee, or discharge or otherwise discriminate against any employee with
respect to compensation, terms, conditions, or privileges of employment because
the prospective employee or the employee engages in or has engaged in the lawful
use of lawful products if the activity occurs off the premises of the employer during
nonworking hours and does not adversely affect the employee’s job performance
or the person’s ability to properly fulfill the responsibilities of the position in
question or the safety of other employees.

N.C. Gen. § 95-28.2(b).

63. In 1997, the General Assembly took another step to protect employees, enacting a

genetic discrimination ban. 1997 N.C. Sess. Laws ch. 350 (codified in relevant part at N.C. Gen.

Stat. § 95-28.1A). The heading of the statute says “[d]iscrimination against persons based on

genetic testing or genetic information.” The statute applies broadly to any “person, firm,

corporation, unincorporated association, State agency, unit of local government, or any public or

21
private entity,” which includes the City. N.C. Gen. Stat. § 95-28.1A(a). Under the statute, the

City shall not “deny or refuse employment to any person or discharge any person from

employment . . . on the basis of genetic information obtained concerning the person.” Id.

64. Relevant here, the statute defines “genetic information” as “information about

genes, gene products, or inherited characteristics that may derive from an individual or a family

member.” N.C. Gen. Stat. § 95-28.1A(b) (emphasis added). Proteins are “gene products,” and

there is no shortage of scientific authority on this fundamental point of biology. See, e.g., Leigh

Barnes, Immunology and Microbiology at 218 (2018) (“Because proteins are gene products,

analysis of these characteristics provides an indirect comparison of microbial genomes.”

(emphasis added)); Gordana Apic et al., Domain Combinations in Archael, Eubacterial, and

Eukaryotic Proteomes, 2001 J. Molecular Biology 310, 310 (“Proteins are gene products, and at

the level of genes, duplication, recombination, fusion and fission are the processes that produce

new genes.” (emphasis added)); Bruce Wallace et al., The Study of Gene Action, at 215 (1997)

(“Proteins are gene products; their amino acid sequences are specified by DNA. (emphasis

added)).

65. The COVID-19 vaccines the City mandates produce spike proteins in the body.

As the Mayo Clinic explains, the Pfizer-BioNTech and Moderna vaccines both “use[] genetically

engineered mRNA to give your cells instructions for how to make the S protein found on the

surface of the COVID-19 virus.” Mayo Clinic, Different types of COVID-19 vaccines: How they

work, Oct. 6, 2021, https://www.mayoclinic.org/diseases-conditions/coronavirus/in-

depth/different-types-of-covid-19-vaccines/art-20506465. Similarly, the Johnson & Johnson

vaccine “delivers genetic material from the COVID-19 virus that gives your cells instructions to

make copies of the S protein.” Id. Further, the CDC similarly observes that mRNA vaccines like

22
those from Pfizer-BioNTech and Moderna “give[] our cells instructions for how to make a

harmless protein that is unique to the virus,” and vector vaccines like Johnson & Johnson’s

“gives cells instructions to make a protein that is unique to the virus that causes COVID-19,” and

that “[u]sing these instructions, our cells make copies of the protein.” CDC, Understanding How

COVID-19 Vaccines Work, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-

vaccines/how-they-work.html (last updated Feb. 24, 2022).

66. The City treats Plaintiffs differently based on whether they have certain gene

products, specifically vaccine-induced spike proteins. The City treats workers differently

depending on their vaccine status. Because of the way the COVID-19 vaccines work, that

necessarily turns on “information about” Plaintiffs’ “gene products”—i.e., the answer to the

question of whether Plaintiffs have vaccine-induced spike proteins in their bodies.

COUNT I
DECLARATORY JUDGMENT
The City’s COVID-19 Vaccine Mandate is Ultra Vires

67. Plaintiffs reallege the foregoing.

68. The City has required Plaintiffs to either test weekly for or be vaccinated against

COVID-19.

69. The City forbids Plaintiffs from any promotions unless they have received one of

the COVID-19 vaccines.

70. The General Assembly empowered the City to enact certain “personnel rules.”

N.C. Gen. Stat. § 160A-1(3). Nothing in the City’s primary enabling statutes in chapter 160A of

the General Statutes expressly authorize the City to mandate COVID-19 testing or vaccination as

a condition of employment or promotion or to require COVID-19 vaccinations for the members

of employees’ families.

23
 71. The City’s testing and promotion mandates are void for lack of statutory authority

in chapter 160A of the General Statutes.

72. The Raleigh Civil Service Act provides that “[a]ll appointments, retentions and

promotions of city officers and employees covered by this act shall be made solely on the basis

of fitness and merit.” 1981 N.C. Sess. Ch. 241 § 4 (emphasis added). Nevertheless, the City

conditions promotion on vaccination status, not “fitness and merit.” The City’s promotion

mandate is void for violating the Raleigh Civil Service Act.

73. The City’s mandate treats vaccinated and unvaccinated employees differently, and

thus it discriminates. The City’s mandate violates its own Nondiscrimination Policy, which

orders Manager Adams-David to “establish such policies as will insure that there is no

discrimination in any function or area of City government.” Raleigh, N.C., Code § 4-1004(d)

(emphasis added).

74. Even if the City’s mandate has statutory authority, the City did not follow the

required procedures to enact it. Manager Adams-David ordered the mandate. The City Council

did not enact the mandate by a vote.

75. The mandate is a “personnel rule” which requires City Council approval under

N.C. Gen. Stat. § 160A-1(3). The mandate is void because Manager Adams-David lacks the

authority to order the mandate or enforce it.

76. Further, in addition to not being approved by the City Council, the Civil Service

Commission did not review the mandate prior to it being enacted by Manager Adams-David,

which independently violates the Raleigh Civil Service Act.

77. Plaintiffs are harmed by the City’s failure to follow its legal obligations, not only

in being denied employment opportunities, but also the chance to have their concerns heard by

24
the City Council at a public meeting on any vote on the mandate.

COUNT II
Violation of the North Carolina Genetic Nondiscrimination Act
N.C. Gen. Stat. § 95-28.1A

78. Plaintiffs reallege the foregoing.

79. The City is subject to N.C. Gen. Stat. § 95-28.1A.

80. The statute forbids the City from “deny[ing] or refus[ing] employment” to

Plaintiffs “on the basis of genetic information obtained concerning” Plaintiffs.

81. The statute defines “genetic information” to include “gene products.”

82. Proteins are gene products.

83. The COVID-19 vaccines induce the creation of spike proteins within the body.

84. Plaintiffs are not fully vaccinated against COVID-19.

85. Under the City’s COVID-19 vaccine mandate, Plaintiffs are denied employment

with the City and must pay a $50 per month health insurance surcharge based on information

concerning whether their bodies contain spike proteins induced by the COVID-19 vaccines.

86. The City’s bar on promotion of Plaintiffs and vaccine surcharge violates N.C.

Gen. Stat. § 95-28.1A.

COUNT III
Violation of the North Carolina Lawful Products Statute
N.C. Gen. Stat. § 95-28.2

87. Plaintiffs reallege the foregoing.

88. Some of Plaintiffs have sought religious accommodations from the City’s

COVID-19 vaccine mandate.

89. It is “an unlawful employment practice for an employer to . . . discriminate

against any employee with respect to compensation, terms, conditions, or privileges of

25
employment because . . . employee engages in or has engaged in the lawful use of lawful

products if the activity occurs off the premises of the employer during nonworking hours and

does not adversely affect the employee’s job performance or the person’s ability to properly

fulfill the responsibilities of the position in question or the safety of other employees.” N.C. Gen.

Stat. § 95-28.2(b).

90. For Plaintiffs who have sought religious accommodations from the mandate, the

City has inquired into their medical histories, including whether they have taken vaccines, i.e.,

“lawful products,” previously.

91. By making these inquiries into Plaintiffs’ use of lawful products, the City is

discriminating against such employees, making it more burdensome for them to obtain a

religious accommodation from its COVID-19 vaccine mandate.

92. The City’s actions violate N.C. Gen. Stat. § 95-28.2.

COUNT IV
Violation of the Federal Fair Labor Standards Act
29 U.S.C. §§ 201 to 219

93. Plaintiffs reallege the foregoing.

94. The City is subject to the federal Fair Labor Standards Act. See 29 U.S.C.

§§ 203(s)(1)(c), 203(x).

95. Some of Plaintiffs are hourly employees.

96. The City’s COVID-19 vaccine mandate provided that unvaccinated employees

could test to fulfill the requirement, but that they would not be paid for their time or expense

97. Plaintiffs tested weekly for COVID-19, and the City did not compensate them for

the time they spent testing, nor reimburse them for the costs of such testing.

98. The time Plaintiffs spent testing for COVID-19 is compensable time under the

26
FLSA.

99. Plaintiffs are entitled to recover lost wages and any other applicable remedies

under the FLSA.

COUNT V
The City’s Mandate Violates Plaintiffs’ Right to Enjoy the Fruits of their Labor
N.C. Const. art I, §§ 1 and 19

100. Plaintiffs reallege the foregoing.

101. The North Carolina Constitution provides that: “We hold it to be self-evident that

all persons are created equal; that they are endowed by their Creator with certain inalienable

rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the

pursuit of happiness.” N.C. Const. art. I, § 1.

102. The North Carolina Supreme Court has interpreted this provision to find that a

police officer has the right “to pursue his chosen profession free from actions by his

governmental employer that, by their very nature, are unreasonable because they contravene

policies specifically promulgated by that employer for the purpose of having a fair promotional

process.” Tully v. City of Wilmington, 370 N.C. 527, 536, 810 S.E.2d 208, 215–16 (2018).

103. Plaintiffs earn a living by working for the City.

104. The City’s promotion mandate requires Plaintiffs to be vaccinated against

COVID-19 to be promoted, limiting their opportunity for advancement.

105. In denying Plaintiffs promotional opportunities, the City’s mandate represents an

arbitrary and capricious violation of Plaintiffs’ fundamental right to earn a living for at least the

following reasons:

a. The City waited more than nine months after the COVID-19 vaccines

received regulatory authorization to issue a mandate;

27
 b. Vaccine efficacy has substantially waned since January 2021;

c. The COVID-19 vaccines present at least some risk of harm to Plaintiffs;

d. Unvaccinated persons are still allowed to work in any department of the

City;

e. The City required unvaccinated and untested persons to continue to report

for work;

f. The promotion mandate violates the Raleigh Civil Service Act;

g. The promotion mandate violates the City’s own Nondiscrimination Policy;

h. The promotion mandate violates the City’s stated commitment to “equity”;

i. The promotion mandate violates the City’s commitment to having a

workforce that is representative of the community;

j. The vaccine surcharge has no actuarial basis;

k. The premise of the mandate was to prevent COVID-19 cases, and more

City workers have contracted COVID-19 since the mandate began than before; and

l. Denying Plaintiffs promotions serves no discernable health and safety

purpose.

106. The City’s mandate is arbitrary and capricious at a higher level. The State of

North Carolina forbids the City from discriminating against employees if they smoke cigarettes,

even though the CDC reports smoking kills hundreds of thousands of Americans directly and

through secondhand smoke on an annual basis. The City cannot stop an employee from smoking,

but they are trying to coerce employees into taking a COVID-19 vaccine. This disconnect further

underscores the lack of rationality of the City’s overall approach to health and wellness issues.

107. The City’s COVID-19 mandate violates the North Carolina Constitution’s Fruits

28
of Labor Clause.

COUNT VI
The City’s Mandate Violates the North Carolina Constitution’s Equal Protection Clause
N.C. Const. art I, § 19

108. Plaintiffs reallege the foregoing.

109. “No person shall be denied equal protection of the law.” N.C. Const. art I, § 19.

110. At the very least, North Carolina’s Equal Protection Clause bars the City from

making “a purely arbitrary selection.” Cheek v. City of Charlotte, 273 N.C. 293, 299, 160 S.E.2d

18, 23 (1968)

111. The City’s promotion mandate is arbitrary for the reasons given above.

112. The City’s testing mandate is also arbitrary for at least the following reasons:

a. The City required unvaccinated employees to test for COVID-19, even

though vaccinated employees can also contract and spread SARS-CoV-2; and

b. The City required employees who contracted and recovered from COVID-

19 to test, even if they have natural immunity to the virus.

113. There is no health and safety rationale for this disparate treatment.

114. The City’s mandate violates the Equal Protection Clause of the North Carolina

Constitution.

COUNT VII
The City’s Mandate Violates North Carolina’s Non-Delegation Doctrine
N.C. Const. art. II, § 1

115. Plaintiffs reallege the foregoing.

116. All legislative power in this State is vested in the General Assembly. N.C. Const.

art. II, § 1.

117. The City is a creation of the General Assembly. N.C. Const. art. VII, § 7.

29
 118. Manager Adams-David issued the City’s mandate without a vote by the City

Council.

119. As set out above, Manager Adams-David’s order lacked statutory authority.

120. If Manager Adams-David possesses statutory authority to issue a mandate, then

the delegation of that power to her violates North Carolina’s non-delegation doctrine.

121. The City’s incorporation by reference of CDC recommendations to provide the

framework for the mandates also violates the non-delegation doctrine.

COUNT VIII
The City’s Mandate Violates the U.S. Constitution’s Equal Protection Clause
U.S. Const. Amend. XIV

122. Plaintiffs reallege the foregoing.

123. More than 80% of the City’s workforce is currently vaccinated against COVID-

19. Upon information and belief, Mayor Baldwin and Manager Adams-David are also

vaccinated. Upon information and belief, all members of the City Council are vaccinated.

124. While States have wide latitude to protect health and safety under the Fourteenth

Amendment, the Supreme Court has noted that there is a “narrower scope for operation of the

presumption of constitutionality” where individual rights are at issue, and particularly where

there is evidence of “prejudice against discrete and insular minorities.” United States v. Carolene

Prods. Co., 304 U.S. 144, 152 n.4 (1938).

125. Unvaccinated Plaintiffs are a “discrete and insular minority” in the City.

126. As set forth above, the City’s mandate is arbitrary and capricious.

127. The City’s mandate also “seems inexplicable by anything but animus toward the

class it affects,” Romer v. Evans, 517 U.S. 620, 632 (1996), namely unvaccinated City

employees. The evidence of such animus includes, but is not limited to, the following:

30
 a. Making invasive inquiries into Plaintiffs’ religious backgrounds and

medical histories;

b. Demanding to know whether religious Plaintiffs have “conferred with

others” about their religious accommodation requests;

c. Providing “incentive” payments to reward employees who received a

COVID-19 vaccine prior to the mandate being effective;

d. Proposing a surcharge on Plaintiffs’ health insurance premiums based on

their vaccination status; and

e. Requiring unvaccinated Plaintiffs to pay for their own testing while not

compensating Plaintiffs for the time they spent testing.

128. Defendant’s actions violate the Equal Protection Clause of the Fourteenth

Amendment. Such actions are a violation of 42 U.S.C. § 1983.

COUNT IX
The City’s Mandate Violates Substantive Due Process
U.S. Const. Amend. XIV
42 U.S.C. § 1983

129. Plaintiffs reallege the foregoing.

130. The Supreme Court has held that the Due Process Clause of the Fourteenth

Amendment protects certain individual rights. See, e.g., Lawrence v. Texas, 539 U.S. 558 (2003).

131. The Due Process Clause secures these rights, even for “act[s] fraught with

consequences for others.” Planned Parenthood of S.E. Pa. v. Casey, 505 U.S. 833 (1992).

132. Casey and its progeny comprise a “rule . . . of personal autonomy and bodily

integrity.” Id. at 857.

133. Plaintiffs have a fundamental right to bodily autonomy under Casey. The City’s

mandate violates Plaintiffs’ fundamental right by conditioning their promotional opportunities at

31
the City based on whether they have taken any of the COVID-19 vaccines, coercing them to

submit to a medical procedure they object to.

134. The Due Process Clause also protects Plaintiffs from government action that does

not meet the minimum standard of the rational basis test.

135. For the reasons given above, the City’s mandate as applied to Plaintiffs does not

survive rational basis scrutiny.

136. Defendants’ actions violate Plaintiffs rights under the Due Process Clause of the

Fourteenth Amendment. Such actions are a violation of 42 U.S.C. § 1983.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray that this Court:

A. Declares that the City’s COVID-19 promotion and testing mandate is in excess of

the City’s legal authority, and is thus null, void, and without legal effect;

B. Enjoin Defendants from enforcing the City’s COVID-19 promotion and testing

mandate against Plaintiffs;

C. Award Plaintiffs backpay and lost wages for compensable time they spent testing

for COVID-19 pursuant to the City’s testing mandate;

D. Award Plaintiffs attorney’s fees and costs; and

E. Provide Plaintiffs any other relief that this Court deems necessary and equitable.

JURY TRIAL

Plaintiffs request a jury trial on all issues so triable.

32
Respectfully submitted, this 4th day of April, 2022.

By: /s/ James R. Lawrence, III

James R. Lawrence, III
NC State Bar No. 44,560
Anthony J. Biller
NC State Bar No. 24,117
ENVISAGE LAW
2601 Oberlin Rd, Suite
Raleigh, NC 27608
Telephone: 919.755.1317
Facsimile: (919) 782.0452
Email: [email protected]
[email protected]

Counsel for Plaintiffs

33
EXHIBIT A
COVID-19 Updates

Frequently Asked Questions for Supervisors

Version 1
Date Created: 9/10/2021
 COVID-19 Updates
FAQs for Supervisors

Frequently Asked Questions for Supervisors .......................................................................... 3

City of Raleigh COVID-19 Safety Protocol and Logistics ........................................................... 3
Exposure to COVID-19, Positive Test Results, or Experiencing Symptoms of COVID-19 ............ 5
COVID-19 Paid Administrative Leave...................................................................................... 7
COVID-19 Vaccination............................................................................................................ 9
COVID-19 Testing ................................................................................................................ 15
Reasonable Accommodations .............................................................................................. 23
Vaccination Incentive Program ............................................................................................ 26
Discipline ............................................................................................................................ 30
Promotions and Transfers .................................................................................................... 34
New Hires, Interviewing and Hiring ...................................................................................... 35
Volunteers, Interns, and Work Study Students ..................................................................... 37
Contractors and Vendors ..................................................................................................... 38
Returning to the Workplace ................................................................................................. 39

2
 COVID-19 Updates
FAQs for Supervisors

Frequently Asked Questions for Supervisors

This document serves as Version 1 of Frequently Asked Questions for Supervisors and
is effective September 10, 2021. Answers to questions are subject to change as new
information becomes available. Additional questions and answers may also be added to
any future versions.

City of Raleigh COVID-19 Safety Protocol and

Logistics
Q1: Are masks required indoors?
A1: Yes, an announcement from the City Manager’s Office on August 13, 2021,
explained that masks are required for all facilities within City limits. Masks are
also required when two or more employees are sharing space in a City vehicle.
While working outdoors, employees are strongly encouraged to wear face
coverings when interacting with coworkers or the public if social distancing
cannot be maintained.

Any requests for exceptions should be directed to the Employee Health Center at
919-996-6700.

Q2: For indoor masking, will employees be required to wear masks at their
desks all day?
A2: Employees are required to wear masks at their desks if they are in areas where
they cannot socially distance.

Q3: Do employees need to follow the Three Ws?

A3: Those who enter City buildings are required to Wear a mask and are encouraged
to Wait six feet apart from others (social distancing), and Wash hands frequently
whether they are fully vaccinated or not.

Q4: Are wellness checks being done when entering City facilities?
A4: Wellness and temperature checks are in place at building entrances. Wellness
screening staff have been replaced with kiosks that perform temperature checks
for employees and wrist temperature checks for the public.

Q5: Is the COVID-19 vaccination or weekly testing required for employees?

A5: Yes, effective September 17, 2021, employees must be fully vaccinated for
COVID-19 absent a legally required medical or religious accommodation. For
people who are able to receive the vaccination but refuse to do so, they can
choose to submit to weekly COVID-19 testing instead of receiving a vaccination.

Q6: How long with the COVID-19 vaccination or weekly testing be required?
A6: The COVID-19 protocol which includes the COVID-19 vaccination or weekly
testing will continue until both of the criteria below are met

3
 COVID-19 Updates
FAQs for Supervisors

• The positivity rate for Wake County is less than 5%

• The area must no longer be a high or substantial transmission rate. The
transmission rate is set by the CDC and is adjusted based on collected
data.

Q7: What are the hours of operation for the Employee Health Center?
A7: The Employee Health Center hours are Monday through Friday from 7:30 a.m. to
4:15 p.m.

Q8: Will additional onsite (COR facility) vaccination sites be setup?

A8: An on-site opportunity to receive the COVID-19 vaccine was provided to COR
employees on Aug. 27. Currently there are no other on-site opportunities
planned, however, HR will communicate in Corecon/The Loop if another on-site
opportunity arises.

Q9: Is the City going to re-implement the 5% COVID-19 premium pay for those
that have to be in regular contact with the public and do not have the ability
to work remotely?
A9: The 5% COVID-19 premium pay is not being reimplemented at this time.

Q10: What process does the City have in place to protect an employee’s medical
information?
A10: Supervisors are not collecting medical information about vaccination status and
should not ask employees about vaccination status. The Employee Health
Center will be the only group who has access to medical information including
who is testing and who is vaccinated. If a person is vaccinated or tests every
week (unless otherwise instructed by the Employee Health Center) no
information about their status is released. The Employee Health Center will not
release their status, however, if an individual refuses to test or get vaccinated a
HR Business Partner will be notified that the person did not meet the
performance of duties/personal conduct measure.

Q11: How should supervisors respond to employees who are concerned about
having to work with unvaccinated co-workers?
A11: All employees, whether vaccinated or not, are required to follow the health and
safety protocols such as wearing a mask, socially distancing and washing hands
frequently.

4
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FAQs for Supervisors

Exposure to COVID-19, Positive Test Results, or

Experiencing Symptoms of COVID-19
Q1: Can vaccinated employees continue working if exposed to a COVID
positive individual? And can unvaccinated employees continue working if
exposed to a COVID positive individual?
A1: Employees who are exposed to a COVID positive individual should be instructed
to call the Employee Health Center for assessment. Recommendations are
provided based on CDC guidelines. Typically, vaccinated employees with no
symptoms do not need to quarantine and can continue working. Vaccinated
employees with symptoms may be instructed to quarantine and get tested by a
certain date. Unvaccinated employees may be instructed to quarantine and get
tested on a certain date.

Q2: What should an employee do if testing positive for COVID-19 or if exposed

to COVID-19 over the weekend and is scheduled to work when the
Employee Health Center is not open to notify of testing positive or
exposure?
A2: If an employee is experiencing flu-like symptoms in the morning or believes they
have been exposed to COVID-19, they should not be coming into work or to the
Employee Health Center. Their first step should be to follow the department’s
call-in procedures to notify their supervisor that they are not feeling well or have
been exposed to COVID-19 and they will stay home until they are able to talk to
someone at the Employee Health Center. Once the Employee Health Center
opens (7:30 a.m.), they should call to get further instruction on next steps from
them.

In most cases, if the employee is feeling sick, the Employee Health Center will
advise them not to come to work and depending on symptoms, may instruct them
to get tested. Employees may also want to call their medical provider if they are
sick. If the employee is not feeling sick or experiencing symptoms, but has been
exposed to COVID-19, the Employee Health Center will determine the next steps
for them. In most cases, consistent with current health recommendations from
the CDC and others, they will be instructed to return to work as normal.

Q3: Recently a COVID-19 exposure occurred in my building. Employees who

were vaccinated were not required to be tested or self-quarantine.
Employees who were not vaccinated were directed to self-quarantine and
be tested. Why were only non-vaccinated employees directed to self-
quarantine and be tested?
A3: The City is following CDC’s guidelines for quarantine. “Quarantine if you have
been in close contact (within 6 feet of someone for a cumulative total of 15
minutes or more over a 24-hour period) with someone who has COVID-19,
unless you have been fully vaccinated. People who are fully vaccinated do not

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need to quarantine after contact with someone who had COVID-19 unless they
have symptoms.” All individuals (vaccinated and unvaccinated) are encouraged
to decrease risk of COVID-19 by following the 3 Ws (wear mask, wash hands
and wait at least 6 feet apart from others).

Q4: Is the employee expected to get tested the day they leave from work or do
not come into work if exposed to COVID-19?
A4: The date of testing varies. It is typically three days from exposure or based on
symptoms. The Employee Health Center provides a date of testing and sends an
email to the supervisor with testing recommendations.

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COVID-19 Paid Administrative Leave

Paid administrative leave is currently being offered to employees who have been
instructed by the Employee Health Center to get tested due to exposure to COVID-19 at
work. The administrative leave is paid while waiting for test results if the employee is
unable to continue working.

Q1: For new hires on probation with little to no leave, can they be provided
special leave if they get COVID-19 after being vaccinated?
A1: Employees who do not have accrued leave available must use unpaid leave.
They will not be provided with paid administrative leave. Fire employees who do
not have any accrued leave may be covered by 29 C.F.R. § 1910.502 and should
contact their HR Business Partner.
Q2: If an employee has a reaction to the vaccine, do they have to use their own
leave time? If so, what about employees who don’t have enough time to
take (new employees, etc)?
A2: Yes, the employee will be required to use their sick leave. Fire employees who
do not have any accrued leave may be covered by § 1910.502 and should
contact their HR Business Partner. Otherwise, employees who do not have leave
time available must use unpaid leave.

Q3: If an employee is exposed to COVID-19 or has symptoms of COVID-19, is

testing at their discretion?
A3: No. If the employee contacts the Employee Health Center a date of testing is
provided. Employees who test on their own, do not go through the Employee
Health Center and are not exposed to COVID-19 at work, are not eligible for paid
administrative leave.

Q4: If an employee gets tested as instructed by the Employee Health Center,

receive a negative test result, and state they still have symptoms, will they
receive additional paid administrative leave?
A4: No. Paid administrative leave is provided only if the employee was exposed to
COVID-19 at work and only while waiting for test results. For any additional time
off, employees must use personal leave.

Q5: How many days of paid administrative leave are provided for COVID-19 test
results?
A5: If the employee was exposed to COVID-19 at work and if instructed by the
Employee Health Center to test, it depends on when the employee was
instructed to test. Paid administrative leave can be up to five days.

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Q6: After the first negative COVID-19 test due to exposure or symptoms, are
employees required to get tested again?
A6: If employees tested within the three-to-five-day period of exposure and they
tested negative, a repeat test is not typically required. In certain circumstances,
individuals may need to retest if they had another exposure based on contact
tracing. This will be determined by the Employee Health Center.
Q7: When employees are instructed by the Employee Health Center to test due
to exposure or symptoms and they test positive, will they receive paid
administrative leave during the testing period?
A7: Employees who are exposed to COVID-19 at work and are instructed by the
Employee Health Center to test will receive paid administrative leave while
waiting for the test results, whether they test positive or negative.

Q8: If an employee gets vaccinated and has an adverse reaction, will they
receive paid administrative leave while recovering?
A8: No. Employees should use accrued sick leave. Fire employees who do not have
any accrued leave may be covered by 29 C.F.R. § 1910.502 and should contact
their HR Business Partner. Otherwise, employees who do not have accrued
leave available may use unpaid leave.

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COVID-19 Vaccination
Effective September 17, 2021, all employees must be fully vaccinated for COVID-19 or
submit to weekly testing for COVID-19. Reasonable accommodations will be made for
individuals who are unable to be vaccinated or get tested due to a medical reason or a
sincerely held religious belief.

Q1: Why is the City requiring employees to be fully vaccinated or tested each
week for COVID-19?
A1: This is an effort to be responsive to the increase in COVID-19 infections in our
community. By doing what we can to help slow the spread of COVID-19, we are
continuing our focus on safety and service.

Q2: What does it mean to be fully vaccinated?

A2: Fully vaccinated means that it has been two weeks after the employee has
received the second dose in a two-dose COVID-19 vaccine series (Pfizer or
Moderna), or that it has been two weeks after the employee has received a
single-dose COVID-19 vaccine (Johnson & Johnson).

Q3: If an employee already submitted their vaccination status before August 23,
do they have to resubmit that information?
A3: Yes, all employees who have been fully vaccinated must submit their vaccination
status, regardless if you previously submitted to the COVID-19 Tool. The new
COVID-19 Vaccination Verification Form requires employees to upload proof of
vaccination and this information is shared with the Employee Health Center
(EHC).

Q4: Where can employees get vaccinated?

A4: COVID Vaccines are readily available at several sites including:
• Local pharmacies, such as CVS, Walgreens
• Doctors’ offices/clinics
• Wake County sites
▪ Offers Pfizer and/or Moderna in 5 locations
▪ Wake County offers REGULAR WEEKLY LOCATIONS:
▪ Wake County Public Health Center: 10 Sunnybrook Rd., Raleigh
(Pfizer):
Monday and Friday: 8:30 a.m. to 3:30 p.m.; Tuesday and Thursday: 12:30
to 7:30 p.m.; Saturday 9:30 a.m. to 4:30 p.m.; Closed Wednesday and
Sunday
▪ Wake County Eastern Regional Center: 1002 Dogwood Dr., Zebulon
(Pfizer): Tuesday and Thursday 12:30 to 7:30 p.m.; Wednesday and
Friday 8:30 a.m. to 3:30 p.m.; Saturday: 9:30 a.m. to 4:30 p.m.; Closed
Monday and Sunday

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▪ Wake County Human Services Center at Departure: 5809 Departure

Drive, Raleigh (Pfizer): Monday through Friday: 8:30 a.m. to 3:30 p.m.;
Closed Saturday and Sunday
▪ Wake County Northern Regional Center: 350 E. Holding Ave., Wake
Forest (Moderna): Monday and Friday: 8:30 a.m. to 3:30 p.m.; Tuesday
and Thursday: 12:30 to 7:30 p.m.; Saturday 9:30 a.m. to 4:30 p.m.; Closed
Wednesday and Sunday
▪ Wake County Southern Regional Center: 130 N. Judd Parkway,
Fuquay Varina (Moderna): Tuesday and Thursday 12:30 to 7:30 p.m.;
Wednesday and Friday 8:30 a.m. to 3:30 p.m.; Saturday: 9:30 a.m. to 4:30
p.m.; Closed Monday and Sunday
▪ Get information about testing locations and times at: Get Your COVID-19
Shot! | Wake County Government (wakegov.com)
• You have a spot, Take your shot

Q5: What if employees get vaccinated after September 17, 2021?

A5: Employees should continue to complete and submit weekly test results using the
COVID-19 Testing Results Form until they are considered fully vaccinated. When
the employee reaches full vaccination status, they will be required to fill out the
COVID-19 Vaccination Verification Form with proof of COVID-19 vaccination. At
that point, weekly testing will no longer be required for the employee. (Both forms
are accessible through Corecon and ServiceNow).

Note that it takes two weeks from the time of the second dose for Moderna/Pfizer
or two weeks from your single dose of Johnson & Johnson to be considered fully
vaccinated. There will be a two-week period where an employee who has
received all required vaccination shots will still need to get tested because they
are not yet considered fully vaccinated.

Q6: How does an employee request an accommodation/exemption from the

vaccine / testing requirement?
A6: Employees can request a medical or religious accommodation. To request an
accommodation, they can reach out to the Employee Health Center at 919-996-
6700 or email them at [email protected] for additional
information. They may also contact the HR Business Partner for assistance.

Q7: If an employee has lost their vaccination card, is there something else they
can upload?
A7: Individuals ca request a copy of their vaccination information directly from the
provider who administered the vaccine (for example, local pharmacy or
MyChart). If they received their vaccine from the health department they can also
access their COVID-19 vaccine information in the North Carolina COVID-19
Vaccine Portal, View or Print Your COVID-19 Vaccine Information | NC COVID-
19.

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Q8: What if an employee received their first dose of the vaccine. Do they have
to wait to upload the information?
A8: Yes, they must continue to get tested and submit their results to the COVID-19
Testing Results Form until they are considered fully vaccinated. When they are
fully vaccinated, they should submit the COVID-19 Vaccination Verification Form
with proof of their vaccination. At that point, they will no longer be required to get
tested weekly. (Both forms are accessible through Corecon and ServiceNow).

Q9: Where do employees upload their vaccination status?

A9: Full-time and part-time employees with City network access: Submit the COVID-
19 Vaccination Verification Form online or from your phone, using this QR code:

Further instructions on how to submit the COVID-19 Vaccination Verification can

be found here: https://corecon.raleighnc.gov/covid-19-employee-vaccination-and-
testing.

Part time employees with no City network access: You can email the Employee
Health Center (EHC) at this email [email protected] with the
following information and they will upload the form for you:
a. Employee’s full legal name (First Name, M.I., Last Name)
b. Supervisor name
c. Dept
d. Division
e. Phone #
f. A copy of your COVID-19 Vaccination Proof.
Alternatively, you can call the hotline at 919-996-5220 to schedule your
appointment and bring your proof of vaccination.

Q10: If an employee does not want to take the vaccine, what are their options?
A10: Employees who choose not to take the vaccine must test weekly for COVID-19
after September 17, 2021.

Q11: Will employees need to get the booster vaccine?

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FAQs for Supervisors

A11: Boosters for COVID-19 are not being required at this time. The COR will continue
to monitor the data and recommendations from the CDC.

Q12: What if an employee had a bad reaction to the vaccine?

A12: Employees should discuss the reaction with their medical provider. They can
provide employees with further guidance on next steps and whether to get the
second dose of a vaccine (if applicable).

Q13: Is the City still providing administrative leave if having adverse reactions to
the vaccine?
A13: Employees are not provided with administrative leave at this time; however,
employees can use other types of leave (such as sick leave). Fire employees
who do not have any accrued leave may be covered by 29 C.F.R. § 1910.502
and should contact their HR Business Partner. If no leave is available,
employees may use unpaid leave. Employees must comply with their
department’s normal call-in procedures to notify their supervisor.

Q14: If an employee is exempted from the vaccine for medical or sincerely held
religious beliefs, is weekly testing still required?
Q14: Yes, weekly testing is required of all employees who have not been fully
vaccinated unless they have been granted an accommodation not to test or have
been instructed by the Employee Health Center not to test.

Q15: What happens if an employee does not submit their vaccination status?
A15: Weekly testing is required of all employees who have not been fully vaccinated or
have not submitted proof of vaccination unless they have been granted an
accommodation not to test or have been instructed by the Employee Health
Center not to test.

Q16: How does the COVID-19 vaccine pertain to pregnant women?

A16: Pregnant women with COVID-19 are at increased risk for severe illness, preterm
birth and other pregnancy complications. The CDC states “A growing body of
evidence on the safety and effectiveness of COVID-19 vaccination – in both
animal and human studies – indicates that the benefits of vaccination outweigh
any known or potential risks of COVID-19 vaccination during pregnancy.” The
City of Raleigh has committed to do everything it can to help slow the spread of
COVID-19. This is done in part by following the CDC recommendations. The
CDC recommends COVID-19 vaccination for all people aged 12 years or older,
including women who are pregnant, lactating, trying to get pregnant now, or
might become pregnant in the future. You can find additional information at:
Investigating the Impact of COVID-19 during Pregnancy | CDC. Individuals who
are unable to get vaccinated due to a medical condition or who prefer not to
be vaccinated will have the opportunity to do weekly testing for COVID-19. More
information about where testing can be completed is available on Corecon:
COVID-19 Employee Vaccination and Testing | Corecon.

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Q17: Can supervisors ask employees if they are vaccinated?

A17: As a supervisor, you are prohibited from asking employees about their
vaccination status. This is considered protected medical information.

The Employee Health Center will be the only group who has access to medical
information including who is testing and who is vaccinated. If a person is
vaccinated or tests every week (unless instructed otherwise by the Employee
Health Center), no information about their status is released. The Employee
Health Center will not release their status. However, if an individual refuses to
test or get vaccinated, the HR Business Partner will be notified the person is not
in compliance. The HR Business Partners will notify departments of non-
compliance.

Q18: Can supervisors assist employees to upload vaccination information?

A18: It is recommended that employees be referred to the Employee Health Center’s
Covid Verification Hotline for assistance, 919-996-5220. There are several ways
to provide the vaccination information to include completing the Vaccination
Verification Form through the Computer (ServiceNow). For employees who do
not have City network access, they may provide the information by calling the
COVID Verification Hotline in the Employee Health Center, or by emailing their
information to [email protected]. This information with instructions
is available on Corecon.

Q19: If an employee is not vaccinated, is there still time to get fully vaccinated
before the weekly testing begins September 17th?
A19: No, employees would have had to receive their second dose (Moderna or Pfizer)
or their first dose of Johnson & Johnson by September 3, 2021 to be fully
vaccinated by September 17th. Fully vaccinated is two weeks after the last
vaccine dose.

Q20: Since vaccines or testing are the only options, is the City assuming liability
for those taking the shot and do they have liability forms available?
A20: No, the City does not assume any liability for those getting vaccinated.
Employees with concerns about the vaccination are encouraged to read the
information on the CDC’s website or discuss the matter with their health care
provider.

Q21: What should employees do if coworkers or supervisors are harassing,

bullying, or making disparaging statements to them about their choice to
not to get the vaccination and who in the City do they file a complaint with?
A21: The City’s Discrimination and Harassment Prevention Policy and Workplace
Violence Prevention Policy outline the complaint process for employees who feel
they have been subjected to harassment. Supervisors play a critical role in
ensuring a healthy, professional work environment. Therefore, supervisors are
encouraged to appropriately address any unprofessional, potentially offensive

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comments of which they have knowledge and periodically check in with

employees to see if they have any concerns.

If employees outside of your supervision have concerns and once you are aware
of those concerns that could potentially relate to harassment, you have an
obligation to notify your HR Business Partner and the appropriate person in the
employee’s chain of command (not the potential wrongdoer) of the concerns so
that they can appropriately be addressed.

Q22: Is the City going to make a “Get the Shot” or be fired policy?
A22: It is recommended that employees are reminded that the City’s policy is that the
employee can do weekly testing and submit those results weekly in lieu of getting
the vaccination.

Q23: Will the City provide Workers Compensation, disability insurance, or other
resources if those who get vaccinated have an adverse event and are
unable to work or become disabled?
A23: Employees who have side effects from the vaccination will need to use their own
personal leave if they are unable to work. Fire employees who do not have any
accrued leave may be covered by 29 C.F.R. § 1910.502 and should contact their
HR Business Partner. All applicable leave policies, such as using FMLA and
personal leave, would apply to an extended absence. Whether an employee is
entitled to workers’ compensation benefits will be determined on a case-by-case
basis by the City’s independent third-party administrator, Corvel, which
administers the City’s workers’ compensation program.

Q24: Has the City provided fact sheets for the vaccines and has the City
provided the recipients of the vaccine information about adverse events so
employees can make an educated decision?
A24: The CDC’s website has detailed information about the vaccine. The CDC or the
employee’s health care provider is the best source for giving guidance to help
individuals make informed decisions about the vaccinations.

Q25: Has Human Resources reviewed the available databases of material

adverse events reported to date for people that have received COVID-19
injections?
A25: The City follows all recommended guidelines set forth by the CDC. Employees
should review the CDC’s website or consult with their health care provider as
needed for any concerns relevant to vaccinations.

A26: Will health insurance increase for not having the COVID-19 vaccine, similar
to premiums paid by those who smoke?
A26: There are no plans to increase health insurance for those who have not received
the COVID-19 vaccine.

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FAQs for Supervisors

COVID-19 Testing
Effective September 17, 2021, employees who are not fully vaccinated for COVID-19
must submit to weekly COVID-19 testing.

Q1: With already having confirmed cases of vaccinated individuals testing

positive, can you give the reasoning for only requiring unvaccinated
individuals test weekly?
A1: The City’s goal continues to be to increase the number of employees receiving
the vaccine to reduce the spread of COVID-19. Employees that have received
the COVID-19 vaccine are far less likely to contract the virus and are, therefore,
less likely to spread it.
The City will continue to follow information available from the CDC. The most
recent information from the CDC about an infection of a fully vaccinated person is
provided below:
COVID-19 vaccines are effective at preventing infection, serious illness,
and death. Most people who get COVID-19 are unvaccinated. However,
since vaccines are not 100% effective at preventing infection, some
people who are fully vaccinated will still get COVID-19. An infection of a
fully vaccinated person is referred to as a “breakthrough infection.”

What We Know about Vaccine Breakthrough Infections

• Breakthrough infections are expected. COVID-19 vaccines are effective at

preventing most infections. However, like most vaccines, they are not
100% effective.
• Fully vaccinated people with a breakthrough infection are less likely to
develop serious illness than those who are unvaccinated and get COVID-
19.
• Even when fully vaccinated people develop symptoms, they tend to be
less severe symptoms than in unvaccinated people. This means they are
much less likely to be hospitalized or die than people who are not
vaccinated.
• People who get vaccine breakthrough infections can be contagious.

Q2: When will employees be able to stop testing?

A2: This requirement will stay in place until Wake County’s positivity rate is less than
5% and there is no significant or high community transmission.

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Q3: Will the City provide the weekly testing? Is it the City’s responsibility to set
up testing sites since it’s a mandate?
A3: No. Testing will be on the employee’s own time and while most tests are free, the
employee will be responsible for any costs associated with the testing. Testing is
available at various locations and details can be found on the following Corecon
webpage https://corecon.raleighnc.gov/covid-19-employee-vaccination-and-
testing in the “Where can I get Tested” Section.

Q4: Where can employees get tested?

A4: Wake County sites:
• Wake County is now operating 12 hours a day, 6 days a week, at 5
locations throughout the county
• Local pharmacies
• Home kits (FDA approved)
• Primary care providers/urgent care.
• Additional sites can be found at: Test Site Finder | NC COVID-19
(ncdhhs.gov)

Q5: What types of tests are acceptable?

A5: Accepted diagnostic testing includes an antigen or molecular test (nucleic acid
amplification test [NAAT] or RT-PCR) authorized by the Food and Drug
Administration.

Acceptable COVID tests use:

• Nasal or saliva
• Home kits (FDA approved)

Q6: Are all home test kits acceptable?

A6: No, accepted diagnostic testing includes an antigen or molecular test (nucleic
acid amplification test [NAAT] or RT-PCR) authorized by the Food and Drug
Administration. Home kits must be FDA-approved and the sample should be sent
out to a lab for processing. Kits such as BinaxNow (or similar products) are not
acceptable because the kits do not have a way to determine the individual who
tested or when the test was conducted.

Quidel home kits are acceptable and are listed below:

Date EUA Diagnostic (Most Recent Attributes Authorized

Issued or Last Letter of Authorization) Settings
Updated and DATE EUA Original
Issue
05/25/2021 Lyra Direct SARS-CoV-2 Real-time RT-PCR H
Assay 5/18/2020

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04/21/2021 Lyra SARS-CoV-2 Assay Real-time RT-PCR H

3/17/2020
03/25/2021 Solana SARS-CoV-2 Assay Isothermal Reverse H, M
12/23/2020 Transcriptase – Helicase-
Dependent Amplification
(RT-HDA)

Q7: Is antibody testing acceptable?

A7: No, serology (blood test) for antibodies will not be accepted. The CDC does not
recommend using these tests to diagnose COVID-19. The accuracy of these
tests are highly variable. It is not currently known if positive antibodies correlate
to immunity to COVID-19. Some tests have difficulty separating other types of
corona virus (i.e., common cold) from the antibodies for COVID-19.

Q8: Is testing for COVID-19 free?

A8: COVID-19 testing is free at most sites. Some sites (i.e. urgent care or PCP) may
request a co-pay for the visit. Some home tests have a cost, however, there are
some free home kits available.

Q9: Can testing be completed during work hours or does the employee have to
complete the testing on their own time?
A9: Employees will have 5 days per week to get tested including weekends, after
hours or lunch breaks. If an employee wants to get tested during work hours,
leave must be used, and the time will have to be scheduled and approved by
their supervisor.

Q10: How does an employee request an accommodation/exemption from the

testing requirement?
A10: Employees can request a medical or religious accommodation. To request an
accommodation, they can reach out to the Employee Health Center at 919-996-
6700 or email them at [email protected] for additional
information. They may also contact the HR Business Partner for assistance.

Q11: When does the first weekly test for an unvaccinated employee need to
occur?
A11: Since September 17th is the cutoff to submit COVID-19 vaccination verification,
the employee’s first test would need to occur Sept. 18-22.
Q12: If an employee requires weekly testing, what will this process look like?
Will the employee be required to test off duty or will accommodations be
made to test during regularly scheduled work hours?

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A12: Employees will be required to test weekly from Saturday to Wednesday,

anticipating test results to be available by Thursday or Friday of each week.
Employees will provide the Employee Health Center with weekly documentation
of receiving testing, such as a receipt from the testing site. FT employees and PT
employees with city network access will submit the COVID-19 Testing Results
Form online or from their phone. PT employees with no City network access will
email the Employee Health Center [email protected] with proof of
their testing and other important details (employee’s full legal name, supervisor’s
name, dept, division, phone #, copy of COVID-19 test results).

Employees are expected to get testing on their own time or during approved
leave. Many resources are available for employees to get tested during the week,
on their lunch hour, in the evenings and on weekends.

Q13: After an employee gets their first vaccination shot, will they be required to
be tested weekly until their 2nd shot and 2 weeks after their last shot?
A13: Yes, the employee should continue to get tested and submit their test results to
the COVID-19 Testing Results Form until they are considered fully vaccinated.
When they are fully vaccinated, the employee should submit the COVID-19
Vaccination Verification Form with proof of their vaccination. At that point, they
will no longer be required to get tested weekly. (Both forms are accessible
through Corecon and ServiceNow).
Fully vaccinated means that it has been two weeks after the employee has
received the second dose in a two-dose COVID-19 vaccine series (Pfizer or
Moderna), or that it has been two weeks after the employee has received a
single-dose COVID-19 vaccine (Johnson & Johnson).

Q14: An employee who will be out of work on approved vacation an entire work
week does not need to test in that particular week, correct?
A14: Employees who meet any of the criteria below should contact the EHC at 919-
996-6700 for instructions:
• Documentation of a POSITIVE for COVID-19 within the last 90 days
• Do not work every week (these individuals should contact EHC the week prior
to working)
• Planned time off or vacation that interferes with testing
• Out on leave, such as FMLA, military, administrative, parental
• Any other reason why you cannot test

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Employees who have not completed the Testing Results Form to ServiceNow by
the deadline could be subject to progressive discipline. An Employee who has
been on leave will not be in violation of this policy if, upon return to the work site,
the employee has a negative test result from a test taken within the previous
seven days and called the EHC to notify them.

Q15: Is there a list of reasons that someone might not be able to test?
A15: Employees who meet any of the criteria below should contact the EHC at 919-
996-6700 for instructions:
• Documentation of a POSITIVE for COVID-19 within the last 90 days
• Do not work every week (these individuals should contact EHC the week prior
to working)
• Planned time off or vacation that interferes with testing
• Out on leave, such as FMLA, military, administrative, parental
• Any other reason why you cannot test
Employees who have not completed the Testing Results Form to ServiceNow by
the deadline could be subject to progressive discipline. An Employee who has
been on leave will not be in violation of this policy if, upon return to the work site,
the employee has a negative test result from a test taken within the previous
seven days and called the EHC to notify them.

Q16: How does the testing requirement apply to part-time employees that are not
scheduled to work every week?
A16: Employees who meet any of the criteria below should contact the EHC at 919-
996-6700 for instructions:
• Documentation of a POSITIVE for COVID-19 within the last 90 days
• Do not work every week (these individuals should contact EHC the
week prior to working)
• Planned time off or vacation that interferes with testing
• Out on leave, such as FMLA, military, administrative, parental
• Any other reason why you cannot test
Q17: If an employee is not vaccinated, but recently contracted COVID-19 and has
fully recovered, but is being advised by their physician not to be
vaccinated yet, should they still be required to get weekly testing?
A17: Employees who meet any of the criteria below should contact the EHC at 919-
996-6700 for instructions:
• Documentation of a POSITIVE for COVID-19 within the last 90 days
• Do not work every week (these individuals should contact EHC the week
prior to working)
• Planned time off or vacation that interferes with testing

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• Out on leave, such as FMLA, military, administrative, parental

• Any other reason why you cannot test
Q18: How does a supervisor know that an employee who is required to get
tested has provided the results?
A18: The Employee Health Center will run a report each Monday listing all employees
who have not been fully vaccinated or did not test the previous week. This list
will be provided to the HR Business Partners to share with their respective
departments.

Q19: If the Wake County positivity rate decreases to 4%, will testing still be
required?
A19: The testing requirement will stay in place until Wake County’s positivity rate is
less than 5% and there is no significant or high community transmission (as
determined by the CDC).

Q20: How are potential false positive test results being handled? Example: If an
employee is showing no symptoms and a positive test comes back, could
the employee take another test on their own and if those results are
negative, would it take precedence over the initial test?
A20: The Employee Health Center will review these cases on an individual basis. Data
shows that certain tests are more accurate and reliable than others. Employees
should contact the Employee Health Center for guidance on which test is
acceptable and if repeat testing is needed.

Q21: The CDC has admitted that a PCR test is inaccurate, so is it still be
accepted by the Employee Health Center?
A21: The CDC is planning to remove a specific PCR test that was developed in
02/2020 from the market. There have been additional tests developed since that
time and are already in use. Those PCR tests will continue to be available. PCR
tests have been used for years to test for several viral agents including the flu,
RSV (common in children), certain types of meningitus, etc. Information is
available about the CDC alert for PCR tests on their website: Lab Alert: Changes
to CDC RT-PCR for SARS-CoV-2 Testing.

Q22: With the increased testing of City employees, state employees, county
employees and any businesses who require it, will the testing pool be
saturated with people who do not require testing because of an exposure
or being symptomatic? With the increase in required testing, the positivity
rate will likely drop below 5%, but continue to have the same physical
amount of positive people. What is the rationale for this scenario or has
this scenario been taken into consideration?

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A22: Testing sites are open six to seven days per week for 12 hours daily in multiple
locations, which should decrease the risk of physical saturation at testing sites.
Increasing the number of individuals who test will increase the total number of
tests, but it does not necessarily mean the percentage of individuals who test
positive will decrease. The City is using two measures to determine the positivity
rate: 1) the percent positive rate and 2) the transmission rate (set by the CDC).

Q23: Can an employee provide antibody test results to prove they are more
protected than an employee who is fully vaccinated?
A23: Serology (blood test) for antibodies will not be accepted. The CDC does not
recommend using these tests to diagnose COVID-19. The accuracy of these
tests is highly variable.

Q24: If an employee was vaccinated before March of 2021 and had an antibody
test and the results indicate no COVID-19 antibodies, should they be
required to test weekly or observe the current protocol for a fully
vaccinated employee? Why aren’t employees who were vaccinated over
eight months ago not required to test weekly, especially if we know their
antibodies are greatly diminished? Hence the requirement for a booster
shot?
A24: According to the CDC, “Antibody testing is not currently recommended to
determine if you are immune to COVID-19 following a COVID-19 vaccination”.
Boosters for COVID-19 are not being required at this time as data is still being
collected. The City will continue to monitor the data and recommendations.

Q25: Is requiring only the unvaccinated employees to get tested weekly, but not
the vaccinated employees a form of discrimination based on vaccine
status?
A25: Requiring employees to get the COVID-19 vaccination or submit to weekly
testing is not discriminatory. The federal Equal Employment Opportunity
Commission (EEOC), which enforces anti-discrimination laws, has provided
guidance that it is legal for employers to mandate vaccinations, as well as
provide incentives to employees for doing so.

Encourage employees to visit the EEOC’s detailed website that addresses the
legality of mandatory vaccinations. The direct link is
https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-
rehabilitation-act-and-other-eeo-laws.

Many employers are mandating that their employees get vaccinated to continue
their employment. However, the City’s policy is that the employee can do weekly
testing and submit those results weekly in lieu of getting the vaccination.

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Q26: Recent articles from the CDC stated that the vaccine is losing its
effectiveness over time, so why are only the unvaccinated having to test
each week?
A26: There is no evidence that the COVID-19 vaccine is losing its effectiveness. Few
vaccines provide a 100% guarantee against infection. However, the COVID
vaccine is still a critical tool in combatting and mitigating the dangerous effects of
the virus. The expectation is that employees wear masks as required in the
workplace, engage in social distancing and regularly wash hands. Adhering to
these measures along with increasing vaccination rates among employees will
help reduce COVID exposure as much as possible.

Q27: OSHA guidelines state that the employer should be providing the test,
especially since it is a condition of employment.
A27: The City is providing testing as a reasonable alternative and convenience to an
employee who is able to obtain a vaccination but refuses to do so. The City has
worked to provide employees with the location of testing sites where tests are
available without cost to the employee. Employees can use their paid leave for
medical appointments and illness or symptoms after receiving a vaccination.

Q28: Are employees required to submit actual COVID testing date forms and
result forms to the Employee Health Center?
A28: Yes, the Employee Health Center requests that employees email or text a copy
of their test results. The results are placed in their medical chart and are
confidentially maintained in the Employee Health Center.

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Reasonable Accommodations
Accommodations for the COVID-19 vaccination / testing requirements will be
considered for individuals with medical conditions that prevent them from being
vaccinated and for individuals with sincerely held religious beliefs that prohibit them
from being vaccinated.

Q1: How does an employee request an accommodation/exemption from the

vaccine / testing requirement?
A1: Employees can request a medical or religious accommodation. To request an
accommodation, they can reach out to the Employee Health Center at 919-996-
6700 or email them at [email protected] for additional
information. They may also contact the HR Business Partner for assistance.

Q2: What is the process for requesting a medical accommodation?

A2: Employees who are requesting an accommodation for a medical reason should
contact the Employee Health Center at 919-996-6700 or email them at
[email protected] for additional assistance. The process will
include a Reasonable Accommodation Form which must be completed by the
employee’s medical provider and returned to the Employee Health Center for
review.

Requests for medical exemptions will be acknowledged by the EHC by email.

Any request will be kept in the strictest of confidence and will only be available to
designated staff. If granted a medical accommodation from the COVID-19
vaccination, the employee will still be required to test for COVID-19 weekly,
unless a reasonable accommodation has been granted to excuse the employee
from testing, and follow other City of Raleigh COVID-19 health and safety
protocols.

Q3: What kinds of medical conditions might prevent an employee from getting
vaccinated?
A3: Medical accommodations are allowed for certain medically indicated
contraindications (interim clinical considerations for use of COVID-19 Vaccines /
CDC). Other medical circumstances preventing vaccination with any available
COVID-19 vaccine must be determined by a licensed medical provider and
include justification for the accommodation by describing the nature, severity,
and duration of the impairment and the extent to which the impairment limits the
individual’s ability to receive the vaccine.

Q4: Will employees who are unable to get vaccinated with the COVID-19
vaccine due to a medical condition be required to test weekly for COVID-
19?

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A4: Yes, unless a legally required medical or religious accommodation applies to

testing.

Q5: What should an employee do if unable to get vaccinated due to a medical

condition and also unable to get tested due to a medical condition?
A5: The employee should follow the same process provided above for requesting a
reasonable accommodation by contacting the Employee Health Center at 919-
996-6700 or email them at [email protected] for additional
assistance. The process will include a Reasonable Accommodation Form which
must be completed by the employee’s medical provider and returned to the
Employee Health Center for review.

Requests for medical exemptions will be acknowledged by the Employee Health

Center by email. Any request will be kept in the strictest of confidence and will
only be available to designated staff. If granted a medical accommodation from
the COVID-19 vaccination and from testing for COVID-19 weekly, the employee
will still be required to follow other City of Raleigh COVID-19 health and safety
protocols.
Q6: Can a request for a medical accommodation be denied?
A6: Yes, a medical accommodation can be denied if the request for accommodation
does not include sufficient information to justify the accommodation or if
accommodation poses an undue hardship. If denied a medical accommodation,
the employee can request a reconsideration from the Employee Health Center if
new information supporting the request is available.

Q7: What is the process for requesting a religious accommodation due to a

sincerely held religious belief?
A7: If an employee’s sincerely held religious belief or practices prohibit the
employee from being vaccinated for COVID-19, a religious accommodation,
absent undue hardship, can be requested. Employees may request a religious
accommodation to the vaccination by completing the Religious Accommodation
Request Form available on Corecon. The employee will be asked to describe
their religious practice or belief and how receiving the vaccination interferes with
that practice or belief. The form should be directly forwarded to the department’s
HR Business Partner.

Individuals who are unable to get vaccinated with the COVID-19 vaccines will be
required to test weekly for COVID-19 unless a reasonable accommodation has
been granted to excuse the testing. The HR Business Partner will process and
review each request for religious exemption and notify the employee of the
decision along with informing the Employee Health Center. Any request for a
reasonable accommodation due to religion will be kept in the strictest of
confidence and will only be available to designated staff.

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Q8: Are employees who have received a reasonable accommodation to not be

vaccinated due to a medical reason or a sincerely held religious belief
eligible for the Vaccination Incentive Program?
A8: No. Only fully vaccinated employees who are vaccinated prior to December 31,
2021 are eligible for the Vaccination Incentive Program.

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Vaccination Incentive Program

All employees who have been fully vaccinated, complete the Vaccination Verification
form, attach documentation with proof of vaccination, and documentation has been
verified by the Employee Health Center (EHC) will be eligible for the following
incentives:
• $250 one-time payment for active full-time employees
• Two days of leave for active full-time employees, equivalent to regularly
scheduled hours / shift as noted in PeopleSoft
• $125 one-time payment for active part-time employees
• One-time incentive payment is subject to the employee’s own tax deductions
• Incentive will be offered until December 31, 2021
• Leave must follow department’s requirements for scheduling leave and be used
by June 30, 2022

Q1: How is an active employee defined?

A1: Active employees are currently active in the City’s payroll system and are defined
as:
• Full-time employees
• Part-time employees (permanent part-time, temporary part-time, seasonal
who have actively worked within the last 60 days (after June 13), will work
some hours during the incentive period (August 13 – December 31) and have
been paid through the City’s payroll system
• Employees on Military Leave, FMLA, Paid Parental Leave (PPLV), and
Worker’s Compensation

Q2: Who is eligible for the incentive payout?

A2: Full-time employees are eligible for a one-time payment of $250. Part-time
employees are eligible for a one-time payment of $125. To be eligible, part-time
employees must have worked some hours between June 13 and August 13,
2021 (within 60 days of the incentive announcement) and some hours during the
incentive period (August 13 – December 31, 2021). Employees who are currently
on approved unpaid and paid leave (Military, FMLA, Paid Parental Leave,
Workers Compensation) are eligible and future hires who begin employment
before September 17th are eligible for the incentive payout.

Q3: Who is not eligible for the incentive payout?

A3: Anyone who is not paid through the City’s payroll system, such as volunteers,
vendors, and contractors are not eligible for the incentive payout. Paid and
unpaid interns are not eligible for the incentive payout. Employees who have
received a reasonable accommodation not to be vaccinated are not eligible for
the incentive. Employees who have submitted notice of resignation and
employees who have separated from employment prior to the incentive payout
dates are not eligible for the incentive payout. Supervisors are asked to email

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their HR Business Partner each week with any resignations that have been
submitted.

Q4: Is the vaccination incentive discretionary or non-discretionary bonus?

A4: The vaccination incentive is discretionary and considered a special occasion
bonus program under the Fair Labor Standards Act (FLSA). This type of bonus is
not included in the regular rate for overtime calculation, the City has the ability to
change the benefit if needed, it is not eligible toward LGRS or 401k, and it is not
eligible toward supplemental retirement (457).

Q5: When will the incentive be paid out?

A5: The first payout will be on October 15, 2021 for employees who were fully
vaccinated with their vaccination status verified by the Employee Health Center
before September 17, 2021.

The next payout date will be November 12, 2021 for employees fully vaccinated
and verified between September 17 and October 31, 2021. The next payout date
will be December 10, 2021 for employees fully vaccinated and verified between
November 1 and November 30, 2021. The final payout will be January 7, 2022
for employees fully vaccinated and verified between December 1 and December
31, 2021.

Q6: Will the incentive payout be a separate payment, or will it be part of the
employee’s regular paycheck?
A6: The incentive payout will be a separate payment and will show on the pay advice
or check as Special Vaccination Pay.

Q7: Will the incentive amount be taxed?

A7: The one-time incentive payment will be subject to the employee’s own tax
deductions.

Q8: When will employees who are on Military Leave, FMLA, Paid Parental Leave
or Workers Compensation receive the incentive payout?
Q8: For any employees on approved paid leaves, they will receive the incentive
payouts at the same time as other employees. For any employees on approved
unpaid leaves, they will receive the incentive payout once they return to work
from leave.

Q9: Do summer youth (seasonal) staffers whose terms have ended with the
City still qualify for the incentive despite no longer ‘working’ for the City.
A9: No, employees who have separated before the payout date and employees who
have submitted notice of resignation are not eligible for the incentive payout

Q10: Who is eligible for the two days of leave?

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A10: Active full-time employees are eligible for the two days of special bonus leave.
This includes employees who are currently on approved leaves such as Military
Leave, FMLA, Paid Parental Leave and Workers Compensation. Future full-time
hires who begin employment before September 17th are also eligible for the two
days of leave.

Q11: When will the two days of leave be available to use?

A11: For employees eligible for the two days of incentive leave, it will be available on
the same date as receiving the vaccination incentive payout. For instance, for
full-time employees who are fully vaccinated and verified prior to September 17,
2021, their two days of leave will be available effective October 15, 2021. The
other leave availability dates are:

• November 12, 2021 for employees fully vaccinated and verified between
September 17 and October 31, 2021
• December 10, 2021 for employees fully vaccinated and verified between
November 1 and November 30, 2021
• January 7, 2022 for employees fully vaccinated and verified between
December 1 and December 31, 2021

Q12: When will the two days of leave expire?

A12: Active full-time employees who are fully vaccinated and verified by the Employee
Health Center before December 31, 2021 are eligible for the two days of leave.
The leave must be utilized before June 30, 2022.

Q13: How are the number of hours of leave determined?

A13: The number of hours are based on the employee’s regularly scheduled hours
based on their shift as noted in PeopleSoft on September 17, 2021. Any
schedule changes after this date will not apply.

Given the unprecedented pandemic, current COVID conditions in Wake County,

and the importance of the COVID vaccination requirement to the City, the City
Manager has decided to allow for bonus leave to be awarded equal to your
scheduled hours / shift. This special bonus leave does not fall under existing
leave accruals but is a one-time bonus for vaccinated employees.

Other conditions of the special bonus leave include:

• Leave will be assigned to a new leave bucket (like any other leave)
• Leave will have a unique payroll code (can be tracked / reported)
• Leave may be taken in incremental amounts (similar to sick) until leave is
utilized
• Leave is available at same time as incentive payout dates
• Employees must follow department’s requirements for scheduled leave
• Leave is “Use it or lose it” before June 30, 2022
• Leave has no cash value

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• Leave is not required to be used before comp time

Q14: If an employee receives the final dose of the vaccine by December 31, 2021,
will they be eligible for the Vaccination Incentive Program?
A14: Employees must be fully vaccinated and verified by the Employee Health Center
by December 31, 2021 to be eligible for the Vaccination Incentive Program. This
means that the employee would have to receive their second dose of the vaccine
(Moderna or Pfizer) or their one dose of the vaccine (Johnson & Johnson) and
have submitted the COVID-19 Vaccination Verification Form two weeks prior to
December 31, 2021 to be eligible for the Vaccination Incentive Program.

Q15: Can the two days of leave be taken incrementally?

A15: Yes, the two days of leave can be taken incrementally (like sick leave) until the
two days are used up. The special incentive leave must be used by June 30,
2022. After June 30, 2022, the leave will no longer be available.

Q16: If an employee opts out of vaccination, but completes weekly testing every
week until the requirement is no longer in place, will they be eligible for the
incentives?
A16: No. The Vaccination Incentive Program is only available to fully vaccinated
employees.

Q17: If an employee has received a reasonable accommodation to not be fully

vaccinated due to a medical or religious exemption, are they eligible for the
Vaccination Incentive Program?
A17: No. The Vaccination Incentive Program is only available to fully vaccinated
employees.

Q18: Since the City is concerned about expenses, where is the money for the
incentives coming from?
A18: The City has allocated appropriate funding for the incentives, which
demonstrates its commitment to encourage employees to get vaccinated.

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Discipline
Effective September 17, 2021, employees who are not fully vaccinated with the COVID-
19 vaccine, must submit to weekly testing for COVID-19. Employees who do not
comply with this directive to be fully vaccinated with verification of vaccination provide or
submit to weekly testing will be subject to discipline under the City’s Disciplinary Policy
300-14. Also, employees who falsify vaccination verification documents or testing
documentation are subject to dismissal.

Q1: What level of discipline will employees receive for not being fully
vaccinated or submitting to weekly testing?
A1: Failure to comply with the City’s vaccination or testing requirement constitutes
both a Performance of Duties violation under 4.1 and a Personal Conduct
violation under 4.2. Progressive discipline will be applied as follows:

• Oral Written Warning, after Week 1 of not testing or logging vaccination

status
• Written Warning, after Week 2 of not testing or logging vaccination status
• Suspension for 3 days, after Week 3 of not testing or logging vaccination
status
• Suspension for 10 days, after Week 4 of not testing or logging
vaccination status
• Termination, after Week 5 of not testing or logging vaccination status

Q2: Will prior discipline records be considered in determining the level of

discipline to administer?
A2: Yes. When determining the appropriate degree of discipline, all prior discipline is
considered, including any prior discipline for similar or dissimilar violations of City
policies.
• Accordingly, the HRBP will consult with departments on the appropriate
level of discipline for employees with prior disciplinary actions.
• Circumstances, such as the length of time since the previous disciplinary
action and nature of the offense, will be reviewed on a case-by-case
basis.
Q3: Who will be responsible for issuing the discipline to employees?
A3: The supervisor will be responsible for issuing discipline to employees for both
failures to test and/or falsifying or misrepresenting information, in similar fashion
to any other disciplinary matter.

Q4: Can the supervisor refuse to discipline an employee if they do not agree
with the discipline?
A4: No. If the supervisor refuses to issue discipline or otherwise delays in issuance,
that supervisor is subject to disciplinary action for insubordination.

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Q5: What level of discipline will employees receive for falsifying vaccination
documentation or testing documentation?
A5: There will be zero tolerance for falsification of vaccination or testing
documentation. This is considered a Personal Conduct violation under 4.2 and
will result in dismissal.

A Pre-Term Notice will be issued. At the hearing, the employee will be given the
opportunity to present additional medical evidence establishing that the alleged
falsified report is authentic. Any medical evidence should only be presented to
the HR Business Partner and not to the supervisor.

Q6: Is there standard language or scripting that the supervisor can use in
documenting the disciplinary action form.
A6: Yes. Supervisors should use the City’s disciplinary action form. Suggested
wording includes:
“For the week of ________, you failed to comply with the City’s COVID-19 safety
protocol of either submitting the COVID-19 vaccination verification form or,
alternatively, providing your COVID-19 testing results.”

Under Performance of Duty Violation, the following statements should be

checked:
o Inefficiency or incompetency in the performance of duties (4.1a)
o Negligence in the performance of duties (4.1b)
o Failure to comply with any State and City of Raleigh safety rules and
regulations (4.1l)

Under Personal Conduct Violation, the following statements should be checked:

o Willful acts that would endanger the lives or property of others (4.2g)
o Refusal to accept a reasonable and proper assignment from an authorized
supervisor (insubordination). (4.2j)
o Participation in any action that would in any way seriously disrupt or
disturb the normal operation of the division, department or any other
segment of municipal government (4.2d)

Q7: How will supervisors know if an employee has not complied with the
vaccination or testing requirements?
A7: The Employee Health Center will provide a weekly report to the HR Business
Partner each Monday that will include a list of employees who did not submit
vaccination verification or provide testing results. The HR Business Partner will
provide an update to the Department Director. For potential falsification or
misrepresentation of vaccination verification or testing results, the Employee
Health Center will alert the HR Business Partner who will work with the relevant
department supervisor.

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Q8: Will the disciplinary action become part of the employee’s personnel file?
A8: Yes, all disciplinary actions administered for failure to verify vaccination status or
test will permanently remain in the employee’s personnel file. These disciplinary
actions, like any, would be evaluated to determine if they should affect the level
of any future disciplinary actions.

Q9: If an employee refuses to get the Vaccine and also refuses to submit to
testing will the employee be allowed to work as we go through the
progressive disciplinary process?
A9: If an employee fails to comply with the testing / vaccine requirements, they
should continue to report to work as scheduled unless they are symptomatic or
have been exposed to COVID. If symptomatic or exposed to COVID, they
should contact the Employee Health Center immediately for next steps at 919-
996-6700.

Q10: If the employee is not working during refusal and progressive discipline
time, would they be allowed to use vacation, sick leave, unpaid?
A10: The employee should continue to report to work as scheduled unless they are
symptomatic or have been exposed to COVID. If symptomatic or exposed to
COVID, they should contact the Employee Health Center immediately for next
steps at 919-996-6700. If an employee is at the level of suspension in the
progressive discipline, they have the option of forfeiting vacation in lieu of the
suspension.

Q11: Is the disciplinary action contingent upon consecutive weeks of unverified

vaccination or testing?
A11: No. As a potential example, an employee does not verify vaccination status or
provide testing results for Week 1 and is issued an Oral Written Warning. The
next week, the employee complies with the requirement, so no further discipline
is issued. For the third week, the employee does not comply with the vaccination
or testing requirements. The discipline would move to the next level, a written
warning.

Q12: If an employee fails to comply with the testing/vaccine requirements and

reports to work, may they continue to work until the third instance of non-
compliance when they are suspended?
A12: If an employee fails to comply with the testing / vaccine requirements, they
should continue to report to work as scheduled unless they are symptomatic or
have been exposed to COVID. If symptomatic or exposed to COVID, they
should contact the Employee Health Center immediately for next steps at 919-
996-6700. Once the employee is at the third instance of discipline for non-
compliance and is suspended, they do not report to work during the suspension.

Q13: Can an employee forfeit vacation days in lieu of unpaid suspension?

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A13: Yes, in accordance with the Discipline Policy 300-14, an employee may forfeit
vacation days in lieu of an unpaid suspension.

Q14: Will there be an appeals process for employees who are disciplined?
A14: Yes, grievances will start at the department level just like any other grievance
and will go through the normal process outlined in Policy 300-18 (paragraph 5.2),
Administration of Grievances.

Q15: If an employee who is not vaccinated refuses to get tested, progressive

discipline applies. Why is the uncooperative employee allowed to refuse to
test or get vaccinated allowed to be at work for three weeks before being
sent home when they refuse to participate in one of the two options
offered?
A15: The intent of progressive discipline is to provide opportunity to correct behaviors
or performance. It is the City’s expectation that all employees will receive the
vaccination or get tested weekly before they place themselves in the position of
receiving discipline.

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Promotions and Transfers

Effective September 17, 2021, employees who are promoted or transferred will be
required to be fully vaccinated with the COVID-19 vaccine at the time of promotion or
transfer. Requests for reasonable accommodations for medical reasons or due to a
sincerely held religious belief will be reviewed and determined on a case-by-case basis.

Q1: If a current City employee who has opted to test weekly rather than get the
vaccine wants to apply for a promotional opportunity/other position in the
City, are they required to be fully vaccinated to be eligible for the
opportunity?
A1: Current employees must be fully vaccinated at the time of promotion or transfer.
They may apply for opportunities as long as they understand that they cannot be
placed in a position until they are fully vaccinated. Requests for reasonable
accommodations for medical reasons or due to a sincerely held religious belief
will be reviewed and determined on a case-by-case basis.

Q2: What is considered a transfer?

A2: A transfer is defined as an opportunity that an employee chooses to apply for.
This can be to another department or within the same department. It does not
apply to internal transfers that are made by department leadership to move to a
new unit, crew, squad, etc.

Q3: Are there any exceptions to the vaccination requirements for promotions?
A3: Yes. For formal promotional processes currently in place for Police, Fire and
Emergency Communications, employees may be promoted if they are not fully
vaccinated as long as they submit to weekly testing. This exception expires
December 31, 2021. Effective January 1, Police, Fire and Emergency
Communications employees must be fully vaccinated to be promoted, unless
they have received a reasonable accommodation not to be vaccinated.

Q4: How are reclassifications to another position handled?

A4: A reclassification to another position will follow the same protocol as current
employees. They must be fully vaccinated or submit to weekly testing.

Q5: If an employee moves from part-time to full-time, will they have to be fully
vaccinated?
A5: Yes, when an employee moves from part-time to full-time, it is generally because
they have applied for a full-time position. In this situation, they will be required to
be fully vaccinated, unless they have received a reasonable accommodation not
to be vaccinated.

Q6: If an employee is demoted, will they have to be fully vaccinated?

A6: If an employee voluntarily applies for a position that is a demotion in position or
pay, they must be fully vaccinated at the time of the demotion. This does not
apply to an employee who is involuntarily demoted due to performance.

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New Hires, Interviewing and Hiring

Effective September 17, 2021, all new hires must be fully vaccinated with the COVID-19
vaccine in order to begin employment with the City. Anyone hired to begin employment
prior to September 17, 2021 will follow the same guidelines as current employees. They
must be fully vaccinated or submit to weekly testing. Requests for reasonable
accommodations for medical reasons or due to a sincerely held religious belief will be
reviewed and determined on a case-by-case basis

Q1: If a new hire begins employment prior to September 17, 2021, do they have
to be fully vaccinated?
A1: If employment begins prior to September 17th and the new hire is not fully
vaccinated, they must submit to weekly testing.

Q2: Are new hires eligible for the Vaccination Incentive Program?
A2: New hires who begin employment prior to September 17th are eligible for the
Vaccination Incentive Program if they are fully vaccinated before beginning
employment. This includes a one-time incentive amount of $250 for full-time
employees or $125 for part-time employees. Full-time employees are also
eligible for two days of leave. Details of the Vaccination Incentive Program are
provided in this document in the Vaccination Incentive Program section. New
hires who begin employment after September 17th are not eligible for the
Vaccination Incentive Program.

Q3: Will the City post vaccine pay incentives to job postings?
A3: No, the Vaccination Incentive Program is not mentioned on the City Jobs
Webpage or in job announcements since it is only available until September 17,
2021 for new hires.

Q4: Is Human Resources making it known during the application process that
vaccinations are required in order to gain employment?
A4: Yes, the City Jobs Webpage includes an update about the requirement for being
fully vaccinated with the COVID-19 vaccine. It also includes a statement about
requests for reasonable accommodations for individuals who are unable to be
vaccinated due to a medical reason or a sincerely held religious belief.

Q5: As hiring departments are interviewing, should they let candidates know
about the vaccination requirement during the interview process?
Q5: It is recommended that hiring managers not mention the vaccination requirement
during the interview because it may prompt the candidate to inform the hiring
manager that they are or are not vaccinated. Hiring managers are also advised
not to ask an applicant if they have been vaccinated. If an applicant does offer
that they have been vaccinated or not, no notes should be recorded and the
applicant should be advised to share this information later if they are offered and
accept a conditional offer of employment and go to the Employee Health Center

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FAQs for Supervisors

for drug screening. No hiring decisions should be based on this information if an

applicant discloses their vaccination status.

Q6: Can hiring managers tell the candidates of the vaccination requirement
when making a verbal conditional offer of employment and what is the
process?
A6: Once the department hiring manager makes a verbal conditional offer to a
candidate, they complete the normal template with candidate information to send
to [email protected]. The candidate is receiving an updated
conditional offer letter which includes a statement about the vaccination
requirement. If they are not fully vaccinated or their hire date needs to be delayed
for that reason or any other reason hire dates are sometimes delayed, HR Talent
Acquisition staff will contact the hiring manager to let them know about a delayed
start date (verbiage such as “Due to one of our steps in the background stage,
this candidate will not be able to start until ______.”) and ask if they want to
move forward with this new start date.

The City Jobs Website now has a statement that all future hires must be fully
vaccinated.

Q7: If candidates are partially vaccinated, will they be able to start employment
or do they need to wait until they are fully vaccinated?
A7: All new hires must be fully vaccinated at the time employment with the City
begins.

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FAQs for Supervisors

Volunteers, Interns, and Work Study Students

Volunteers, interns and work study students who are currently performing work for the
City must be fully vaccinated with the COVID-19 vaccine or submit to weekly testing.
Any new volunteers, interns and work study students must be fully vaccinated before
performing any work for the City. Tracking and reporting of their vaccination status will
be coordinated and maintained by the department.

Q1: Are volunteers who perform work outdoors without interaction with
employees or the public required to be fully vaccinated?
A1: No. Volunteers who perform work outdoors and are not exposed to other
employees or the public do not have to be fully vaccinated or test weekly. They
do, however, have to comply with the City’s protocol when entering City facilities.
This includes complying with the facility wellness screening, wearing a mask and
social distancing. They are encouraged to wear a mask outdoors if unable to
social distance.

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FAQs for Supervisors

Contractors and Vendors

Contractors and Vendors with the City are required to follow the City’s protocol which
includes complying with wellness screening at City facilities, wearing a face covering
indoors in City facilities and social distancing when possible. Contractors and Vendors
are not required to be fully vaccinated with the COVID-19 vaccine or submit to weekly
testing.

Q1: Are contractors and vendors required to follow the vaccination and testing
requirements?
A1: No. They are required to follow the City’s protocol which includes compliance
with wellness screening at City facilities, wearing masks indoors and social
distancing when possible. They are encouraged to wear masks outdoors when
interacting with employees and the public.

Q2: Are contractors and vendors who perform work outdoors required to follow
the vaccination and testing requirements?
A2: When working outdoors, contractors and vendors are encouraged to wear face
coverings and practice social distancing.

Q3: Will future contracts include requirements for the COVID-19 Vaccination or
Testing?
A3: Including a requirement in future contracts is currently being considered.

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FAQs for Supervisors

Returning to the Workplace

The City of Raleigh has completed the final stage of safe return to the workplace as of
August 30, with the new telework and remote status model fully effective. There are
three workplace models:

Physical Workplace Model: Work is primarily performed at a COR site.

Typically, 75 to 80% of the City’s workforce is in this model and continued in this
model throughout the Pandemic in 2020 and 2021.

Telework Model: Work is performed a majority of time at a COR site and a

remainder of time from home and/or another location.
Policy Definition: Allowing an employee or group of employees to work from
home and/or other workplace location for which the employee is paid wages. At
the City, an employee who is approved for telework will perform the majority of
their work time at a COR site. Typically, 20 to 25% of the City’s workforce may
work in this model.

Remote Status Work Model: A specific type of telework arrangement where the
majority of work time of a position is primarily remote and onsite presence is
required periodically. Typically, less than 5% of the City’s workforce should work
in this model.

Q1: If employees worked in remote status or teleworked during the Pandemic,

do they need approval to continue working in remote status or telework
after August 30?
A1: Yes. Effective August 30, 2021, all employees who were working in a remote
status or teleworking were expected to return to the workplace. The approval
process is different for each workplace model.

Telework Approval Process: Employees who wish to continue teleworking

must complete the Telework Request Form available on Corecon, even if they
had completed the form previously. Once the employee completes the form, it
automatically routes to the supervisor for approval or denial. If you have an
employee who is teleworking and you have not approved a telework form, please
remind the employee to complete this process.

Remote Status Work Process: Employees who wish to work in remote status
must first seek approval from their supervisor. The supervisor should discuss the
request through their chain of command to the department director. If in
agreement that the remote status should be considered, the supervisor will
complete a PA form. The PA form must include justification for the remote status
and documentation may be attached if desired. The PA form will automatically
route to the department director for approval and then to the Human Resources
Compensation Team for review. For remote status consideration, HR will review
the position to determine if it is a difficult to fill position. Difficult to fill positions are

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FAQs for Supervisors

positions that are in high demand with insufficient quantity and quality of
candidates in the talent pool or have specialized qualifications based on the
needs of the job and relative / competitive pay for those jobs. Other
considerations include whether all primary functions of the position can be
performed remotely and whether business needs of the department support
remote status.

Additional details are available on Corecon, Steps for Teleworking.

Q2: Can a request for telework or remote status work be made as a reasonable
accommodation for a medical condition?
A2: Yes. Employees should follow the City’s process for requesting a reasonable
accommodation. Requests for accommodations will be reviewed on a case-by-
case basis.

Q3: Can employees be approved to temporarily telework or work in remote

status?

A3: Some common situations for requests for temporary telework or temporary
remote status are:

1) Employee who tests positive for COVID-19: Employee must contact the
Employee Health Center. If needing to quarantine, the employee may be
given the option to temporarily work in remote status during the quarantine
period if the job duties allow for telework.
2) Employee who is exposed to COVID-19: Employee must contact the
Employee Health Center. If advised to stay out of work until tested or due to
symptoms, the employee may use their own leave or temporarily work in
remote status if the job duties allow for telework. This would likely be for three
to five days.
3) Employee who has a family member who is exposed to COVID-19:
Employee should continue to report to work as scheduled unless
experiencing symptoms of COVID-19. If experiencing symptoms of COVID-
19, the employee must contact the Employee Health Center for instructions.
4) Employee who has a family member at high risk due to immune system
(i.e. cancer, etc.): Employee may qualify for FMLA. If not qualified for FMLA,
employee will report to work in the workplace as scheduled or seek
alternatives. Alternatives that may be considered by the department are
staggered work schedules to minimize in-person interaction if the business
needs can allow for this or providing private office space to maximize social
distancing.
5) Employee who has a newborn and is concerned about risk of COVID-19
because the baby is not vaccinated: If not qualified for FMLA or Parental
Leave, the employee is expected to work in the workplace as scheduled or
seek alternatives (see examples of alternatives in #4 above).

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In all scenarios above, employees are required to follow the City’s protocols
to include wearing a face covering indoors, maintaining social distance,
washing hands frequently, and getting vaccinated or submitting to weekly
testing to reduce the spread of COVID-19.

41
EXHIBIT B
COVID-19 Updates

Frequently Asked Questions

Version 3
Date Updated: April 1, 2022
Human Resources
 COVID-19 Updates
FAQs – Updated 4/1/22

Frequently Asked Questions .................................................................................................. 3

City of Raleigh COVID-19 Safety Protocol and Logistics ........................................................... 3
Exposure to COVID-19, Positive Test Results, or Experiencing Symptoms of COVID-19 ............ 6
COVID-19 Paid Administrative Leave ...................................................................................... 8
COVID-19 Vaccination Compliance Program ......................................................................... 10
Exemptions for Medical Reasons ......................................................................................... 18
Exemptions for Sincerely Held Religious Beliefs ................................................................... 21
Promotions and Transfers .................................................................................................... 24
New Hires, Interviewing and Hiring ...................................................................................... 25
Volunteers, Interns, and Work Study Students ..................................................................... 27
Contractors and Vendors ................................................................................................... 288
City of Raleigh Workplace Models ..................................................................................... 299

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FAQs – Updated 4/1/22

Frequently Asked Questions

This document serves as Version 3 of Frequently Asked Questions and is effective April
1, 2022. This version includes updates to the lifting of COVID-19 restrictions and
answers to questions about the Vaccination Compliance Program initiatives to protect
the health and safety of our workforce and community. Answers to questions are
subject to change as new information becomes available. Additional questions and
answers may also be added to any future versions.

City of Raleigh COVID-19 Safety Protocol and

Logistics
Q1: Are masks required indoors?
A1: No, face coverings will no longer be required when interacting with others while
at work nor will they be required in City of Raleigh buildings and worksites.
However, masks are strongly encouraged and expected if a co-worker or
customer requests that you wear one. Face masks will continue to be available to
the public and employees upon request.

Q2: What can employees do if they prefer others to wear masks around them?
A2: It is expected that employees will wear face masks when requested by someone
to wear one near them. Face masks will continue to be available to the public
and employees upon request.

Employees may download signage from Corecon to place at their workspace that
says “Please protect my health and yours by wearing a mask.”

When visiting the Employee Health Center, masks will be required at all times.

Q3: Are employees required to social distance at work?

A3: No, however, employees are strongly encouraged to social distance six feet
apart from others when possible.

Q4: Do employees need to follow the Three Ws?

A4: Those who enter City buildings are strongly encouraged to Wear a mask and are
encouraged to Wait six feet apart from others (social distancing), and Wash
hands frequently whether they are fully vaccinated or not.

Q5: Are wellness checks being done when entering City facilities?
A5: Wrist scanning temperature kiosks are in place at many building entrances and
can be used by employees and visitors. Wellness checks are encouraged, but
are not required.

Q6: Is the COVID-19 vaccination or weekly testing required for employees?

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FAQs – Updated 4/1/22

A6: No, weekly testing for COVID-19 is no longer required for unvaccinated
individuals. The Employee Health Center may still require testing of individuals,
vaccinated or unvaccinated, before returning to the workplace if they have been
exposed to COVID-19 or are experiencing symptoms of COVID-19.

Q7: Have restrictions for work-related business travel been lifted?

A7: Yes, work-related travel to off-site events such as conferences and meetings will
be acceptable if approved by the employee’s department director. Many
conference and training opportunities now offer flexible in-person and virtual
options. Employees should still consider virtual opportunities when appropriate.
Virtual engagements can have efficiency and financial benefits over traditional in-
person opportunities.

Q8: Why have the COVID-19 restrictions been lifted?

A8: Wake County’s positivity rate for COVID-19 has consistently remained below 5%
and the community has sustained a low transmission rate, consistent with our
indicators. Given these positive data trends, we are lifting many of our COVID-19
restrictions for all employees effective April 1, 2022.

While many of us are relieved that COVID-19 restrictions are being lifted, we will
continue to remain alert to any changes to CDC’s guidelines and act accordingly.

Q9: What should employees do if they have been exposed to or are

experiencing symptoms of COVID-19?
A9: Exposure to or symptoms of COVID-19 will continue to be addressed.
Employees who have been exposed to or are experiencing symptoms of COVID-
19 must contact the Employee Health Center (EHC) at 919-996-6700 for
instructions about quarantining or returning to the workplace.

Q10: What are the hours of operation for the Employee Health Center?
A10: The Employee Health Center hours are Monday through Friday from 7:30 a.m. to
4:15 p.m.

Q11: What else is the City doing to keep employees safe?

A11: A COVID-19 vaccination compliance program is being implemented as one of the
City’s COVID-19 prevention strategies for the workforce and for the community.

Effective July 31, 2022, employees and their spouses, retirees and their spouses,
and GoRaleigh employees and their spouses, who participate in the City’s health
insurance plan, must show proof of vaccination against COVID-19 in order to
receive the City’s healthcare premium. Otherwise, they will be subject to a $50
monthly surcharge to their healthcare premium starting January 1, 2023.

Please refer to the COVID-19 Vaccination Compliance Program and the Annual
Wellness Assessment(AWA) Section starting on Page 10 for more information.

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FAQs – Updated 4/1/22

Q12: Is the City planning to offer incentives to employees who are fully
vaccinated?
A12: While not considered an incentive, employees who are fully vaccinated,
participate in the City’s healthcare insurance and participate in the Annual
Wellness Assessment (AWA), will not be subject to a $50 monthly surcharge to
their healthcare premium effective January 1, 2023, unless they have a covered
spouse who is unvaccinated.

Additional FAQs about the Vaccination Compliance Program and the AWA are
provided starting on Page 10.

No other incentives are being provided at this time.

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FAQs – Updated 4/1/22

Exposure to COVID-19, Positive Test Results, or

Experiencing Symptoms of COVID-19
Q1: Can vaccinated employees continue working if exposed to a COVID
positive individual? And can unvaccinated employees continue working if
exposed to a COVID positive individual?
A1: Employees who are exposed to a COVID positive individual should call the
Employee Health Center for assessment. Recommendations are provided based
on CDC guidelines. Typically, vaccinated employees with no symptoms do not
need to quarantine and can continue working. Vaccinated employees with
symptoms may be instructed to quarantine and get tested by a certain date.
Unvaccinated employees may be instructed to quarantine and get tested on a
certain date.

Q2: What should an employee do if testing positive for COVID-19 or if exposed

to COVID-19 over the weekend and is scheduled to work when the
Employee Health Center is not open to notify of testing positive or
exposure?
A2: If an employee is experiencing flu-like symptoms in the morning or believes they
have been exposed to COVID-19, they should not be coming into work or to the
Employee Health Center. Their first step should be to follow the department’s
call-in procedures to notify their supervisor that they are not feeling well or have
been exposed to COVID-19 and they will stay home until they are able to talk to
someone at the Employee Health Center. Once the Employee Health Center
opens (7:30 a.m.), they should call to get further instruction on next steps from
them.

In most cases, if the employee is feeling sick, the Employee Health Center will
advise them not to come to work and depending on symptoms, may instruct them
to get tested. Employees may also want to call their medical provider if they are
sick. If the employee is not feeling sick or experiencing symptoms, but has been
exposed to COVID-19, the Employee Health Center will determine the next steps
for them. In most cases, consistent with current health recommendations from
the CDC and others, they will be instructed to return to work as normal.

Q3: If a COVID-19 exposure occurs in my building, are both vaccinated and

unvaccinated employees required to be tested or self-quarantine?
A3: The City is following CDC’s guidelines for quarantine. “Quarantine if you have
been in close contact (within 6 feet of someone for a cumulative total of 15
minutes or more over a 24-hour period) with someone who has COVID-19,
unless you have been fully vaccinated. People who are fully vaccinated do not
need to quarantine after contact with someone who had COVID-19 unless they
have symptoms.” All individuals (vaccinated and unvaccinated) are encouraged

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FAQs – Updated 4/1/22

to decrease risk of COVID-19 by following the 3 Ws (wear mask, wash hands

and wait at least 6 feet apart from others).

Q4: Is an employee expected to get tested the day they leave from work or do
not come into work if exposed to COVID-19?
A4: The date of testing varies. It is typically three days from exposure or based on
symptoms. The Employee Health Center provides a date of testing and sends an
email to the supervisor with testing recommendations.

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FAQs – Updated 4/1/22

COVID-19 Paid Administrative Leave

Paid administrative leave is currently being offered to employees who have been
instructed by the Employee Health Center to get tested due to exposure to COVID-19 at
work. The administrative leave is paid while waiting for test results if the employee is
unable to continue working.

Q1: For new hires on probation with little to no leave, can they be provided
special leave if they get COVID-19 after being vaccinated?
A1: Employees who do not have accrued leave available must use unpaid leave.
They will not be provided with paid administrative leave. Fire employees who do
not have any accrued leave may be covered by 29 C.F.R. § 1910.502 and should
contact their HR Business Partner.
Q2: If an employee has a reaction to the vaccine, do they have to use their own
leave time? If so, what about employees who don’t have enough time to
take (new employees, etc)?
A2: Yes, the employee will be required to use their sick leave. Fire employees who
do not have any accrued leave may be covered by § 1910.502 and should
contact their HR Business Partner. Otherwise, employees who do not have leave
time available must use unpaid leave.
Q3: If an employee is exposed to COVID-19 or has symptoms of COVID-19, is
testing at their discretion?
A3: No. If the employee contacts the Employee Health Center a date of testing is
provided. Employees who test on their own, do not go through the Employee
Health Center and are not exposed to COVID-19 at work, are not eligible for paid
administrative leave.

Q4: If an employee gets tested as instructed by the Employee Health Center,

receive a negative test result, and state they still have symptoms, will they
receive additional paid administrative leave?
A4: No. Paid administrative leave is provided only if the employee was exposed to
COVID-19 at work and only while waiting for test results. For any additional time
off, employees must use personal leave.

Q5: How many days of paid administrative leave are provided for COVID-19 test
results?
A5: If the employee was exposed to COVID-19 at work and if instructed by the
Employee Health Center to test, it depends on when the employee was
instructed to test. Paid administrative leave can be up to five days.

Q6: After the first negative COVID-19 test due to exposure or symptoms, are
employees required to get tested again?

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FAQs – Updated 4/1/22

A6: If employees tested within the three-to-five-day period of exposure and they
tested negative, a repeat test is not typically required. In certain circumstances,
individuals may need to retest if they had another exposure based on contact
tracing. This will be determined by the Employee Health Center.

Q7: When employees are instructed by the Employee Health Center to test due
to exposure or symptoms and they test positive, will they receive paid
administrative leave during the testing period?
A7: Employees who are exposed to COVID-19 at work and are instructed by the
Employee Health Center to test will receive paid administrative leave while
waiting for the test results, whether they test positive or negative.

Q8: If an employee gets vaccinated and has an adverse reaction, will they
receive paid administrative leave while recovering?
A8: No. Employees should use accrued sick leave. Fire employees who do not have
any accrued leave may be covered by 29 C.F.R. § 1910.502 and should contact
their HR Business Partner. Otherwise, employees who do not have accrued
leave available may use unpaid leave.

Q9: Is there a difference in the process if an employee has an adverse reaction

to the COVID-19 booster?
A9: No. Employees should use accrued sick leave. Fire employees who do not have
any accrued leave may be covered by 29 C.F.R. § 1910.502 and should contact
their HR Business Partner. Otherwise, employees who do not have accrued
leave available may use unpaid leave.

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FAQs – Updated 4/1/22

COVID-19 Vaccination Compliance Program

From the period of September 17, 2021 through March 31, 2022, all active employees
were required to be fully vaccinated against COVID-19 or submit to weekly testing for
COVID-19. Reasonable accommodations were made for individuals who are unable to
be vaccinated or get tested due to a medical reason or a sincerely held religious belief.

Effective April 1, 2022, active employees who are unvaccinated are no longer required
to submit to weekly testing for COVID-19; however, they must comply with the City’s
Vaccination Compliance Program as part of the Annual Wellness Assessment (AWA) if
they are covered by the City’s healthcare insurance with the City (Plan A or B).
Employees who carry healthcare insurance with the City must be vaccinated by July 31,
2022 to qualify for the City’s health insurance premium. An employee’s spouse must
also be vaccinated if covered on the employee’s health plan. Otherwise, they are
subject to a $50 healthcare monthly surcharge added to the premium effective January
1, 2023.

The $50 monthly surcharge applies to covered spouses of employees, retirees

and spouses on Plan A and GoRaleigh employees and spouses on the City’s Health
Plan.

Employees, retirees, spouses, and GoRaleigh employees who request and are
approved for a medical or sincerely held religious belief exemption are not subject to the
$50 monthly healthcare surcharge.

Q1: Why is the City requiring employees to be vaccinated in compliance with

the AWA?
A1: As a COVID-19 prevention strategy and in accordance with the City of Raleigh’s
duty to provide and maintain a workplace that is free of known hazards, we are
adding this requirement to safeguard the health of our employees and their
families, our customers and visitors, and the community at large from infectious
diseases that may be reduced by vaccinations.

Q2: What does it mean to be fully vaccinated?

A2: Typically, fully vaccinated means that it has been two weeks after the employee
has received the second dose in a two-dose COVID-19 vaccine series (Pfizer or
Moderna), or that it has been two weeks after the employee has received a
single-dose COVID-19 vaccine (Johnson & Johnson).

For purposes of the AWA requirement, participants must have received their
second dose in a two-dose COVID-19 vaccine series (Pfizer or Moderna), or that
you have received a single-dose COVID-19 vaccine (Johnson & Johnson). In
other words, as long as the full dose of the vaccines have been received before

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FAQs – Updated 4/1/22

July 31, 2022, AWA participants will not be subject to the $50 monthly health
insurance surcharge.

Q3: What is the purpose of the Annual Wellness Assessment (AWA)?

A3: The AWA provides health plan participants feedback on their health metrics to
promote healthy behaviors, increase productivity, morale, retention and overall
wellbeing of the organization, while reducing healthcare costs

Q4: Why are employees subject to the $50 COVID-19 surcharge if unvaccinated
for Plan A and B, but retirees are only subject to the surcharge if on Plan
A?
A4: All City of Raleigh health plan participants must complete the Vaccination
Verification process or be subject to the surcharge, with the exception of Plan B
Retirees. Plan B retirees are not required to complete the AWA requirements
since their plan is already discounted. However, if a retiree on Plan B, plans to
switch to Plan A during Open Enrollment, the retiree and covered spouse must
complete the AWA requirements and the Covid Vaccine Verification process to
be compliant to avoid the $50 healthcare monthly surcharge.

Q5: If an employee has already submitted their vaccination status through the
ServiceNow portal, do they have to resubmit that information?
A5: No. All employees who are fully vaccinated and who have successfully submitted
their vaccination status through ServiceNow COVID-19 Vaccination Verification
Form will not need to resubmit their information. If you have already submitted
your COVID-19 vaccination verification information, the portal would state
“You have already submitted a COVID-19 Vaccination Verification Form.” If
you are not sure if you submitted your verification, please check the status on the
portal before calling our office to ask if it was received.

Q6: As an employee, how can I confirm that I have submitted my vaccination

verification to be eligible for the Annual Wellness Assessment (AWA)
health insurance premium discount?
A6: Once you have submitted your COVID-19 Vaccination Verification Form, please
allow up to 15 business days for confirmation. You will receive an automated
email from ServiceNow to confirm your submission. You may check your credit
status by logging into your Virgin Pulse account and clicking on the “Rewards”
tab. You will see a green check mark for each of your successfully completed
items.

Q7: Do I need to get the booster vaccine?

A7: Boosters for COVID-19 are not being required at this time. The COR will continue
to monitor recommendations from the CDC along with the positivity and
transmission rates for Wake County, and updates from the NC Governor’s Office.

Q8: Does my spouse covered on my medical insurance plan need to submit

their COVID-19 vaccination verification?

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FAQs – Updated 4/1/22

A8: Yes. If you have a spouse covered on your medical insurance plan, they will
need to individually submit their COVID-19 vaccination verification form. They will
submit their verification through the Survey123 portal. AWA information packets
will be mailed directly to employees and spouses, retirees and spouses, and
GoRaleigh employees and spouses by mid-April with instructions for completing
the AWA and vaccination verification.

Q9: Where can employees get vaccinated?

A9: The City of Raleigh has scheduled COVID-19 vaccination clinics at various
worksites beginning in April. The vaccine clinics will be offering the COVID-19
single-dose, two-dose, and COVID-19 booster vaccines. The AWA does not
require the COVID-19 booster vaccine. Employees, retirees and covered
spouses are able to register for an appointment at these vaccine clinics by
visiting https://WakeMed.as.me/CORVaccineClinic.

COVID Vaccines are readily available at several sites including:

• Local pharmacies
o CVS, Walgreens, etc.
• Doctors’ office/clinics
• Wake County sites
o Offers Pfizer and/or Moderna in five locations
o Get information about testing locations and times at: Get Your COVID-
19 Shot! | Wake County Government (wakegov.com).
• “You Have a Spot, Take Your Shot”
o Find vaccination sites throughout North Carolina for individuals 12 and
older at COVID-19 Vaccine Information | NC COVID-19 (ncdhhs.gov).

Q10: What if I do not submit by COVID-19 vaccine verification form by July 31,
2022?
A10: If you are an employee, retiree on medical Plan A, GoRaleigh employee, or
covered spouse and do not individually submit your COVID-19 vaccine
verification form before the July 31 deadline, then you will be subject to the $50
monthly healthcare surcharge.

Q11: How do I request an exemption from the vaccine requirement?

A11: Employees, retirees, and covered spouses may request a medical or religious
exemption. For information and instructions for requesting an exemption,
refer to Page 18 for a medical exemption and Page 21 for a religious
exemption.

Q12: I lost my vaccination card, is there something else I can upload?

A12: Individuals can request a copy of their vaccination information directly from
the provider who administered the vaccine (for example, local pharmacy or
Mychart).

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FAQs – Updated 4/1/22

If you received your vaccine from the health department you can also access
their COVID-19 vaccine information in the North Carolina COVID-19 Vaccine
Portal https://covid19.ncdhhs.gov/vaccines/your-vaccine-information

Q13: What if I received my first dose of the vaccine? Do I have to wait to upload
the information?
A13: Yes; do not submit your results to the COVID-19 Vaccination Verification Form
until you are considered fully vaccinated. When you are fully vaccinated, submit
the COVID-19 Vaccination Verification Form with proof of your vaccination.

Q14: Where do I go to upload my vaccination?

A14: Employees with City network access: Submit the COVID-19 Vaccination
Verification Form online or from your phone, using this QR code:

Further instructions on how to submit your COVID-19 Vaccination

Verification can be found on the enclosed “How to Submit your COVID-19
Vaccination Verification Form” document or here: Corecon site

Alternatively, you can attend an onsite biometric screening and visit the wellness
table for assistance in uploading your COVID-19 vaccine card. Please bring your
proof of vaccination with you to the biometric screening

Q15: I do not want to get the vaccine, what are my options?

A15: Employees, retirees on medical plan A, GoRaleigh employees, or
covered spouses who choose not to take the vaccine will be subject to the
healthcare monthly surcharge of $50 effective January 1, 2023.

Q16: What if I had a bad reaction to the vaccine?

A16: Discuss the reaction with your health care provider. They can provide you
with further guidance on next steps and whether to get the second dose of a
vaccine (if applicable).

Q17: Is the city providing approved administrative leave for staff if they get
vaccinated and are having adverse reactions to the vaccine?
A17: Employees are not provided with administrative leave at this time; however,

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FAQs – Updated 4/1/22

employees can use other types of leave (such as sick leave). If no leave is
available, employees may use unpaid leave. Use your department’s normal
call-in procedures to notify your supervisor.

Q18: How does the COVID-19 vaccine pertain to pregnant women?

A18: Pregnant women with COVID-19 are at increased risk for severe illness,
preterm birth and other pregnancy complications. The CDC states “A
growing body of evidence on the safety and effectiveness of COVID-19
vaccination – in both animal and human studies – indicates that the benefits
of vaccination outweigh any known or potential risks of COVID-19
vaccination during pregnancy.” The City of Raleigh has committed to do
everything it can to help slow the spread of COVID-19. This is done in part
by following the CDC recommendations. The CDC recommends COVID-19
vaccination for all people aged 5 years or older, including women who are
pregnant, lactating, trying to get pregnant now, or might become pregnant in
the future. You can find additional information at: Investigating the Impact of
COVID-19 During Pregnancy | CDC

Q19: Why is the City charging a $50 health insurance surcharge for anyone
who is not vaccinated?
A19: The City of Raleigh is including the $50 health insurance surcharge as one of
its COVID-19 prevention strategies and as an obligation to take measures to
protect the health and safety of its employees and their families and the
community.

Q20: Are children covered by health insurance required to provide proof of

vaccination to avoid the $50 health insurance charge?
A20: No, children are not required to be vaccinated and are not subject to the $50
health insurance charge.

Q21: Is the City planning to require Flu vaccinations in the future?

A21: At this time, there are no plans to require Flu vaccinations.

Q22: Can supervisors ask employees if they are vaccinated?

A22: As a supervisor, you are prohibited from asking employees about their
vaccination status. This is considered protected medical information.

The Employee Health Center will be the only group who has access to medical
information including who has tested and who is vaccinated.

Q23: Can supervisors assist employees to upload vaccination information?

A23: It is recommended that employees be referred to the Employee Health Center’s
Covid Verification Hotline for assistance, 919-996-5220. There are several ways
to provide the vaccination information to include completing the Vaccination
Verification Form through the Computer (ServiceNow). For employees who do
not have City network access, they may provide the information by calling the

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COVID Verification Hotline in the Employee Health Center, or by emailing their

information to [email protected]. This information with instructions
is available on Corecon.

Q24: Is the City assuming liability for those taking the COVID-19 vaccine shot
and do they have liability forms available?
A24: No, the City does not assume any liability for those getting vaccinated.
Employees with concerns about the vaccination are encouraged to read the
information on the CDC’s website or discuss the matter with their health care
provider.

Q25: What should employees do if coworkers or supervisors are harassing,

bullying, or making disparaging statements to them about their choice to
not to get the vaccination and who in the City do they file a complaint with?
A25: The City’s Discrimination and Harassment Prevention Policy and Workplace
Violence Prevention Policy outline the complaint process for employees who feel
they have been subjected to harassment. Supervisors play a critical role in
ensuring a healthy, professional work environment. Therefore, supervisors are
encouraged to appropriately address any unprofessional, potentially offensive
comments of which they have knowledge and periodically check in with
employees to see if they have any concerns.

If employees outside of your supervision have concerns and once you are aware
of those concerns that could potentially relate to harassment, you have an
obligation to notify your HR Business Partner and the appropriate person in the
employee’s chain of command (not the potential wrongdoer) of the concerns so
that they can appropriately be addressed.

Q26: Is the City going to make a “Get the Shot” or be fired policy?
A26: While the City strongly encourages current employees to get vaccinated, COVID-
19 vaccination is not mandatory at this time for current employees. However, all
newly hired employees, promoted employees, transferring employees,
volunteers, interns and work study students must be fully vaccinated before
performing any work in their new position with the City.

Q27: Will the City provide Workers Compensation, disability insurance, or other
resources if those who get vaccinated have an adverse event and are
unable to work or become disabled?

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A27: Employees who have side effects from the vaccination will need to use their own
personal leave if they are unable to work. Fire employees who do not have any
accrued leave may be covered by 29 C.F.R. § 1910.502 and should contact their
HR Business Partner. All applicable leave policies, such as using FMLA and
personal leave, would apply to an extended absence. Whether an employee is
entitled to workers’ compensation benefits will be determined on a case-by-case
basis by the City’s independent third-party administrator, which administers the
City’s workers’ compensation program.

Q28: Has the City provided fact sheets for the vaccines and has the City
provided the recipients of the vaccine information about adverse events so
employees can make an educated decision?
A28: The CDC’s website has detailed information about the vaccine. The CDC or the
employee’s health care provider is the best source for giving guidance to help
individuals make informed decisions about the vaccinations.

Q29: Has Human Resources reviewed the available databases of material

adverse events reported to date for people that have received COVID-19
injections?
A29: The City follows all recommended guidelines set forth by the CDC. Employees
should review the CDC’s website or consult with their health care provider as
needed for any concerns relevant to vaccinations.

Q30: Will health insurance increase for not having the COVID-19 vaccine, similar
to premiums paid by those who smoke?
A30: Effective July 31, 2022, employees and their spouses, retirees on Plan A and
their spouses, and GoRaleigh employees and their spouses, who participate in
the City’s health insurance plan, must show proof of vaccination against COVID-
19. Otherwise, they will be subject to a $50 monthly surcharge to their healthcare
premium starting January 1, 2023.

Q31: Many resources and medical experts show that the COVID-19 vaccine is
ineffective. Has the City considered the science behind the vaccine?
A31: The City’s goal continues to be to increase the number of employees receiving
the vaccine to reduce the spread of COVID-19. Employees that have received
the COVID-19 vaccine are far less likely to contract the virus and are, therefore,
less likely to spread it.

The City will continue to follow information available from the CDC. The most
recent information from the CDC about an infection of a fully vaccinated person is
provided below:
COVID-19 vaccines are effective at preventing infection, serious illness,
and death. Most people who get COVID-19 are unvaccinated. However,

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since vaccines are not 100% effective at preventing infection, some

people who are fully vaccinated will still get COVID-19. An infection of a
fully vaccinated person is referred to as a “breakthrough infection.”

What We Know about Vaccine Breakthrough Infections

• Breakthrough infections are expected. COVID-19 vaccines are effective at

preventing most infections. However, like most vaccines, they are not
100% effective.
• Fully vaccinated people with a breakthrough infection are less likely to
develop serious illness than those who are unvaccinated and get COVID-
19.
• Even when fully vaccinated people develop symptoms, they tend to be
less severe symptoms than in unvaccinated people. This means they are
much less likely to be hospitalized or die than people who are not
vaccinated.
• People who get vaccine breakthrough infections can be contagious.

Q32: In light of vaccine effectiveness / need for boosters, how will yearly
validation and attestation occur?
A32: The City is unable to predict how yearly validation and attestation will occur.

Q33: Does the City plan to assess surcharges for other medical conditions /
morbidities?
A33: There are no plans at this time to assess additional surcharges.

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Exemptions for Medical Reasons

Effective April 1, 2022, exemptions for the COVID-19 vaccination will be considered for
individuals with medical conditions that prevent them from being vaccinated. This will
apply to newly hired employees, employees being promoted or transferred, volunteers,
interns and work study students.

A medical exemption from the COVID-19 vaccination will be allowed for certain
medically indicated contraindications (Interim Clinical Considerations for Use of COVID-
19 Vaccines | CDC). Other medical circumstances preventing vaccination with any
available COVID-19 vaccine must be determined by a licensed medical provider and
include a justification for the exemption by describing the nature, severity, and duration
of the individual’s impairment and the extent to which the impairment limits the
individual’s ability to receive the vaccine.

Employees may request a medical exemption to the vaccination by contacting the

Employee Health Center (EHC) at 919-996-6700 or by emailing
[email protected]. Requests for medical exemptions will be
acknowledged by the EHC by email. The exemption request will be reviewed by the
medical team. Any request for an exemption due to a disability or medical condition will
be kept in the strictest of confidence and will only be available to designated staff.

If an employee is granted a medical exemption from the COVID-19 vaccination, the

employee will still be required to follow any other City of Raleigh COVID-19 health and
safety protocols.

Q1: What kinds of medical conditions might prevent an employee from getting
vaccinated?
A1: Medical exemptions are allowed for certain medically indicated contraindications
(interim clinical considerations for use of COVID-19 Vaccines / CDC). Other
medical circumstances preventing vaccination with any available COVID-19
vaccine must be determined by a licensed medical provider and include
justification for the exemption by describing the nature, severity, and duration of
the impairment and the extent to which the impairment limits the individual’s
ability to receive the vaccine.

Q2: What are some examples of medically indicated contraindications or

medical circumstances that may prevent the COVID19 vaccination?
A2:
• Severe allergic reaction (anaphylaxis) after a previous dose of or to a component
of the COVID- 19 Vaccine, including Polyethylene
• Glycol (PEG)
• Immediate allergic reaction to a previous dose or known (diagnosed) allergy to a
component of the vaccine
• Other medical circumstance preventing vaccination with any available COVID-19
vaccine

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• Pregnancy (Note: The American College of Obstetricians and Gynecologists, the

Society for Maternal-Fetal Medicine and the American Society for Reproductive
Medicine all strongly support COVID-19 vaccine during pregnancy). Pregnancy is
not a medical contraindication. However, a time-limited deferment to the COVID-
19 vaccine policy may be considered during pregnancy but employees will need
to receive vaccination when they return to work. If a pregnancy exemption is
requested, the provider needs to confirm pregnancy and provide an estimated
due date

Q3: What circumstances are not considered contraindications to COVID-19

vaccination?
A3:
• Local injection site reactions after (days to weeks) previous COVID-19 vaccines
(erythema, induration, pruritus, pain, etc.)
• Expected systemic vaccine side effects in previous COVID- 19 vaccines (fever,
chills, fatigue, headache, lymphadenopathy, vomiting, diarrhea, myalgia,
arthralgia)
• Previous COVID-19 infection
• Vasovagal reaction after receiving a dose of any vaccination
• Being an immunocompromised individual or receiving immunosuppressive
medications
• Autoimmune conditions, including Guillain-Barre Syndrome
• Allergic reactions to anything not contained in the COVID-19 vaccines, including
injectable therapies, food, pets, venom, environmental allergens, oral medication,
latex, etc. Please note the COVID vaccines do not contain egg or gelatin.
• Immunosuppressed person in the healthcare worker’s household
• Alpha-gal Syndrome
• Family member or household member who falls into a medically exempt category
• Breastfeeding, intention to become pregnant or undergoing infertility treatment

Q4: Will employees who are unable to get vaccinated with the COVID-19
vaccine due to a medical condition be required to test weekly for COVID-
19?
A4: No. Weekly testing as an accommodation is no longer required at this time.

Q5: What should an employee do if unable to get vaccinated due to a medical

condition?
A5: The employee should follow the same process provided above for requesting an
exemption by contacting the Employee Health Center at 919-996-6700 or email
them at [email protected] for additional assistance. The
process will include a Reasonable Accommodation Form which must be
completed by the employee’s medical provider and returned to the Employee
Health Center for review.

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Requests for medical exemptions will be acknowledged by the Employee Health

Center by email. Any request will be kept in the strictest of confidence and will
only be available to designated staff. If granted a medical accommodation from
the COVID-19 vaccination and from testing for COVID-19 weekly, the employee
will still be required to follow other City of Raleigh COVID-19 health and safety
protocols.
Q6: Can a request for a medical exemption be denied?
A6: Yes, a medical exemption can be denied if the request for exemption does not
include sufficient information to justify the exemption or if the exemption poses an
undue hardship. If denied a medical exemption, the employee can request a
reconsideration from the Employee Health Center if new information supporting
the request is available.

Q7: What if I have a spouse who is unable to be vaccinated for COVID-19 due to
a medical condition?
A7: As part of the Annual Wellness Assessment period, all employees, retirees,
GoRaleigh employees and covered spouses will receive AWA information
packets in the mail by mid-April. The packets will include information about how
to request a medical exemption.

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Exemptions for Sincerely Held Religious Beliefs

Effective April 1, 2022, exemptions for the COVID-19 vaccination will be considered for
individuals with sincerely held religious beliefs that prevent them from being vaccinated.
This will apply to newly hired employees, employees being promoted or transferred,
volunteers, interns and work study students.

Employees may request a religious exemption to the vaccination by contacting Human

Resources at 919-996-3315 or by emailing [email protected]. Requests for
religious exemptions will be acknowledged by the Wellness team by email along with an
attached Affidavit for Religious Exemption Form. The form must be completed, signed,
and notarized. The exemption request will be reviewed by the Wellness team. Any
request for an exemption due to a sincerely held religious belief will be kept in the
strictest of confidence and will only be available to designated staff.

If an employee is granted a religious exemption from the COVID-19 vaccination, the

employee will still be required to follow any other City of Raleigh COVID-19 health and
safety protocols.

Q1: What is the process for requesting a religious exemption due to a sincerely
held religious belief?
A1: If an employee’s sincerely held religious belief or practices prohibit the
employee from being vaccinated for COVID-19, a religious exemption, absent
undue hardship, can be requested. Employees may request a religious
exemption to the vaccination by contacting Human Resources at 919-996-3315
or by emailing [email protected]. An Affidavit for Religious Exemption
Form will be emailed to the employee to complete, sign and have it notarized
before returning it to Human Resources.

Q2: I already have an approved religious accommodation on file not to get

vaccinated. Will I have to go through this new religious exemption
process?
A2: No, if you were previously approved for a religious accommodation, you will not
need to submit a religious exemption request.

Q3: If I request a religious exemption to the vaccine, will I qualify for the health
insurance premium without the $50 monthly surcharge for being
unvaccinated?
A3: The affidavit must be completed, signed and notarized. If you have a spouse who
is covered on the City’s healthcare plan, the spouse must also be vaccinated.
Otherwise, you will be subject to the $50 monthly surcharge.

Q4: Is my spouse eligible to request a religious exemption if unvaccinated?

A4: Yes. Retirees, GoRaleigh employees, and covered spouses may request a
religious exemption if unvaccinated as part of the AWA. Employees, retirees,
GoRaleigh employees and covered spouses will be receiving AWA packets in the

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mail by mid-April that will include instructions for requesting a religious exemption
to the vaccine.

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Discipline
Prior to April 1, 2022, employees who were unvaccinated and did not submit and upload
weekly COVID-19 testing results, were subject to progressive discipline. The last date
for uploading weekly testing results was April 1, 2022. Failure to upload the last week of
testing results would result in disciplinary action.

Q1: Since weekly testing for COVID-19 is no longer required, will any prior
disciplinary actions for non-compliance with testing remain in an
employee’s personnel file?
A1: Yes, all disciplinary actions administered for failure to verify vaccination status or
test will permanently remain in the employee’s personnel file. These disciplinary
actions, like any, would be evaluated to determine if they should affect the level
of any future disciplinary actions.

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Promotions and Transfers

Employees who are promoted or transferred will be required to be fully vaccinated with
the COVID-19 vaccine at the time of promotion or transfer. Requests for exemptions for
medical reasons or due to a sincerely held religious belief will be reviewed and
determined on a case-by-case basis.

Q1: If a current unvaccinated City employee wants to apply for a promotional

opportunity/other position in the City, are they required to be fully
vaccinated to be eligible for the opportunity?
A1: Current employees must be fully vaccinated at the time of promotion or transfer.
They may apply for opportunities as long as they understand that they cannot be
placed in a position until they are fully vaccinated. Requests for exemptions for
medical reasons or due to a sincerely held religious belief will be reviewed and
determined on a case-by-case basis.

Q2: What is considered a transfer?

A2: A transfer is defined as an opportunity that an employee chooses to apply for.
This can be to another department or within the same department. It does not
apply to internal transfers that are made by department leadership to move to a
new unit, crew, squad, etc.

Q3: Are there any exceptions to the vaccination requirements for promotions?
A3: No.

Q4: How are reclassifications to another position handled?

A4: A reclassification to another position will follow the same protocol as current
employees. They must be vaccinated when they participate in the Annual
Wellness Assessment (if covered by the City’s health plan) in order to avoid the
$50 monthly healthcare surcharge and their covered spouse must be vaccinated.

Q5: If an employee moves from part-time to full-time, will they have to be fully
vaccinated?
A5: Yes, when an employee moves from part-time to full-time, it is generally because
they have applied for a full-time position. In this situation, they will be required to
be fully vaccinated, unless they have requested and been approved for a medical
or religious exemption not to be vaccinated.

Q6: If an employee is demoted, will they have to be fully vaccinated?

A6: If an employee voluntarily applies for a position that is a demotion in position or
pay, they must be fully vaccinated at the time of the demotion. This does not
apply to an employee who is involuntarily demoted due to performance.

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New Hires, Interviewing and Hiring

All new hires must be fully vaccinated with the COVID-19 vaccine in order to begin
employment with the City. Requests for an exemption for medical reasons or due to a
sincerely held religious belief will be reviewed and determined on a case-by-case basis.

Q1: Is Human Resources making it known during the application process that
vaccinations are required in order to gain employment?
A1: Yes, the City Jobs Webpage includes an update about the requirement for being
fully vaccinated with the COVID-19 vaccine. It also includes a statement about
requests for exemptions for individuals who are unable to be vaccinated due to a
medical reason or a sincerely held religious belief.

Q2: As hiring departments are interviewing, should they let candidates know
about the vaccination requirement during the interview process?
Q2: It is recommended that hiring managers not mention the vaccination requirement
during the interview because it may prompt the candidate to inform the hiring
manager that they are or are not vaccinated. Hiring managers are also advised
not to ask an applicant if they have been vaccinated. If an applicant does offer
that they have been vaccinated or not, no notes should be recorded and the
applicant should be advised to share this information later if they are offered and
accept a conditional offer of employment and go to the Employee Health Center
for drug screening. No hiring decisions should be based on this information if an
applicant discloses their vaccination status.

Q3: Can hiring managers tell the candidates of the vaccination requirement
when making a verbal conditional offer of employment and what is the
process?
A3: Once the department hiring manager makes a verbal conditional offer to a
candidate, they complete the normal template with candidate information to send
to [email protected]. The candidate is receiving a
conditional offer letter which includes a statement about the vaccination
requirement. If they are not fully vaccinated or their hire date needs to be delayed
for that reason or any other reason hire dates are sometimes delayed, HR Talent
Acquisition staff will contact the hiring manager to let them know about a delayed
start date (verbiage such as “Due to one of our steps in the background stage,
this candidate will not be able to start until ______.”) and ask if they want to
move forward with this new start date.

The City Jobs Website has a statement that all future hires must be fully
vaccinated.

Q4: If candidates are partially vaccinated, will they be able to start employment
or do they need to wait until they are fully vaccinated?

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A4: All new hires must be fully vaccinated at the time employment with the City
begins.

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Volunteers, Interns, and Work Study Students

Any new volunteers, interns and work study students must be fully vaccinated before
performing any work for the City. Tracking and reporting of their vaccination status will
be coordinated and maintained by the department.

Q1: Are volunteers who perform work outdoors without interaction with
employees or the public required to be fully vaccinated?
A1: No. Volunteers who perform work outdoors and are not exposed to other
employees or the public do not have to be fully vaccinated. They do, however,
have to comply with the City’s protocol when entering City facilities. This includes
complying with the facility wellness screening, wearing a mask and social
distancing, if required. They are encouraged to wear a mask outdoors if unable
to social distance.

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Contractors and Vendors

Contractors and Vendors with the City are required to follow the City’s protocol which
includes complying with health and safety protocol at City facilities. They are
encouraged to wear a face covering indoors in City facilities and social distance when
possible. Contractors and Vendors are not required to be fully vaccinated with the
COVID-19 vaccine.

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City of Raleigh Workplace Models

The City of Raleigh has three workplace models:

Physical Workplace Model: Work is primarily performed at a COR site.

Typically, 75 to 80% of the City’s workforce is in this model and continued in this
model throughout the Pandemic in 2020 and 2021.

Telework Model: Work is performed a majority of time at a COR site and a

remainder of time from home and/or another location.
Policy Definition: Allowing an employee or group of employees to work from
home and/or other workplace location for which the employee is paid wages. At
the City, an employee who is approved for telework will perform the majority of
their work time at a COR site. Typically, 20 to 25% of the City’s workforce may
work in this model.

Remote Status Work Model: A specific type of telework arrangement where the
majority of work time of a position is primarily remote and onsite presence is
required periodically. Typically, less than 5% of the City’s workforce should work
in this model.

Q1: If employees worked in remote status or teleworked during the Pandemic,

do they need approval to continue working in remote status or telework?
A1: Yes. Effective August 30, 2021, all employees who were working in a remote
status or teleworking were expected to return to the workplace. The approval
process is different for each workplace model.

Telework Approval Process: Employees who wish to continue teleworking

must complete the Telework Request Form available on Corecon, even if they
had completed the form previously. Once the employee completes the form, it
automatically routes to the supervisor for approval or denial. If you have an
employee who is teleworking and you have not approved a telework form, please
remind the employee to complete this process.

Remote Status Work Process: Employees who wish to work in remote status
must first seek approval from their supervisor. The supervisor should discuss the
request through their chain of command to the department director. If in
agreement that the remote status should be considered, the supervisor will
complete a PA form. The PA form must include justification for the remote status
and documentation may be attached if desired. The PA form will automatically
route to the department director for approval and then to the Human Resources
Compensation Team for review. For remote status consideration, HR will review
the position to determine if it is a difficult to fill position. Difficult to fill positions are
positions that are in high demand with insufficient quantity and quality of
candidates in the talent pool or have specialized qualifications based on the
needs of the job and relative / competitive pay for those jobs. Other

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considerations include whether all primary functions of the position can be

performed remotely and whether business needs of the department support
remote status.

Additional details are available on Corecon, Steps for Teleworking.

Q2: Can a request for telework or remote status work be made as a reasonable
accommodation for a medical condition?
A2: Yes. Employees should follow the City’s process for requesting a reasonable
accommodation. Requests for accommodations will be reviewed on a case-by-
case basis.

Q3: Can employees be approved to temporarily telework or work in remote

status?
A3: Some common situations for requests for temporary telework or temporary
remote status are:

1) Employee who tests positive for COVID-19: Employee must contact the
Employee Health Center. If needing to quarantine, the employee may be
given the option to temporarily work in remote status during the quarantine
period if the job duties allow for telework.
2) Employee who is exposed to COVID-19: Employee must contact the
Employee Health Center. If advised to stay out of work until tested or due to
symptoms, the employee may use their own leave or temporarily work in
remote status if the job duties allow for telework. This would likely be for three
to five days.
3) Employee who has a family member who is exposed to COVID-19:
Employee should continue to report to work as scheduled unless
experiencing symptoms of COVID-19. If experiencing symptoms of COVID-
19, the employee must contact the Employee Health Center for instructions.
4) Employee who has a family member at high risk due to immune system
(i.e. cancer, etc.): Employee may qualify for FMLA. If not qualified for FMLA,
employee will report to work in the workplace as scheduled or seek
alternatives. Alternatives that may be considered by the department are
staggered work schedules to minimize in-person interaction if the business
needs can allow for this or providing private office space to maximize social
distancing.
5) Employee who has a newborn and is concerned about risk of COVID-19
because the baby is not vaccinated: If not qualified for FMLA or Parental
Leave, the employee is expected to work in the workplace as scheduled or
seek alternatives (see examples of alternatives in #4 above).

In all scenarios above, employees are required to follow the City’s protocols
to include wearing a face covering indoors, maintaining social distance,
washing hands frequently, and getting vaccinated or submitting to weekly
testing to reduce the spread of COVID-19.

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