Brutsman v. Raytheon Technologies Corporation

CourtDistrict Court, M.D. Florida
DecidedSeptember 15, 2025
Docket8:24-cv-00720
StatusUnknown

This text of Brutsman v. Raytheon Technologies Corporation (Brutsman v. Raytheon Technologies Corporation) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brutsman v. Raytheon Technologies Corporation, (M.D. Fla. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MICHAEL BRUTSMAN,

Plaintiff, v. Case No. 8:24-cv-720-WFJ-NHA

RAYTHEON TECHNOLOGIES CORPORATION,

Defendant. _________________________________/

ORDER Before the Court is Defendant’s Motion for Summary Judgment (Dkt. 47), Plaintiff’s response (Dkts. 50, 51), and Defendant’s Reply (Dkt. 52). After careful consideration of the applicable law, the submissions of the parties, and the entire file, the Court concludes the motion is due to be granted. In this second-time removed action,1 Plaintiff Michael Brutsman sues “Raytheon Technologies Corporation”2 (“Raytheon”) for retaliation in violation of Florida’s private Whistle-blower’s Act (“FWA”), Fla. Stat. §§ 448.101–105. Dkt.

1 Plaintiff filed an action in the Sixth Judicial Circuit in and for Pinellas County, Florida on July 10, 2023: Michael Brutsman v. Raytheon Technologies Corporation, No. 23-7583-CI. Defendant removed the case on August 3, 2023: Brutsman v. Raytheon, No. 8:23-cv-1723-JLB-AAS. Plaintiff sought remand. Defendant did not oppose, under a reservation of right to remove again should the information exchanged during discovery reflect that the damages sought by Plaintiff exceed the requisite amount in controversy. Dkt. 1-3. The amount was met, and the instant action was timely removed in March 2024. Dkt. 1. 2 Defendant has maintained that the proper named Defendant employer is Raytheon Company, a wholly owned subsidiary of Raytheon Technologies Corporation. Dkt. 1 at 1n.1. 13-1 at 6–9 (state court complaint). In October 2021, Brutsman sought a religious exemption from Raytheon’s mandatory COVID-19 vaccination policy. Raytheon

conditionally granted the religious exemption provided Plaintiff agreed in writing to undergo COVID-19 testing before he entered any Raytheon location and to wear a mask while on location. An extended written dialogue over these conditions

ensued, but Brutsman never agreed to these two conditions. Raytheon terminated him in February 2022.

BACKGROUND

The following detailed chronology sets forth the relevant communications between the parties in this whistle-blower action. The record consists of Plaintiff’s deposition with over 40 exhibits, his declaration filed in opposition to summary

judgment, and a declaration of the senior manager of labor and employee relations at Raytheon. Dkts. 47-1 (deposition and exhibits); 51-1 (Brutsman declaration); 47-2 (Raytheon declaration).

Employment Prior to COVID-19 Raytheon is a defense and government contractor. Dkt. 47-2 ¶ 3. In May 2019, Mr. Brutsman began working for Raytheon in the Intelligence & Space

business unit located in Largo, Pinellas County, Florida, as an on-site operations manager. Id.; Dkt. 47-1 at 59. This Raytheon unit develops advanced sensors, training, and cyber and software solutions for civil, military, and commercial

customers in numerous countries around the world. Dkt. 47-2 ¶ 3. In early January 2020, Brutsman was promoted to the earned value manager role. Dkt. 47-1 at 69–70. He reported to his manager, Justin Bird, and worked on

site at the Largo manufacturing facility. Id. No one reported to Brutsman. Id. at 73. Only one other employee held a similar position in Largo. Id. at 75. When he transitioned into this role in January 2020, Mr. Brutsman worked a hybrid of three days a week in the office and two days remotely. Id. at 77. With

the impeding COVID-19 pandemic, and at the direction of Mr. Bird and another manager, Brutsman requested a full-time remote arrangement around late February or early March 2020. Id. at 80–83.

At this juncture, confusion arises as to when and how the working arrangement became full-time remote as opposed to three days in the office and two days remote. At Brutsman’s deposition, he testified that that he moved from a hybrid role to a full-time remote role “roughly February 2020.” Id. at 81.

Brutsman later admits, however, that the full-time telecommuting arrangement did not begin until mid-March 2020 simultaneously with the arrival of COVID-19. Id. at 81–82; Dkt. 51 ¶ 3. Raytheon does not deny that Brutsman, like other

employees, was permitted to remote work five days a week once the pandemic arrived in the U.S., and Raytheon, like many places of employment, permitted remote work to insure employee safety. In any event, precisely when and how the

full-time remote arrangement began, although largely irrelevant, is helpful to understanding Plaintiff’s position. He believed that he could remote work forever and never needed to enter a Raytheon facility again.

The COVID-19 Pandemic In the fall of 2020, Brutsman’s telecommuting agreement was due to be reevaluated and renewed. Dkt. 47-1 at 78–79, 84 & Exh. 12. In the renewed

written agreement, Plaintiff’s stated reason for full-time telecommuting was “accommodating childcare and virtual schooling arrangement,” although it was Mr. Bird who suggested he give that reason. Id. at 78–79. Brutsman, on his own,

added a reference to masks and how working remotely permitted him to “ensure employee and site safety due to individual mask mandate medical exemption.” Id. at 79–80, 86 & Exh. 12 (emphasis added). This agreement was signed by Mr. Bird, Brutsman, and Elisa Marchetti (Program Manager) by October 1, 2020. Id.

at 77–78 & Exh. 12. At his deposition, Brutsman testified that he inserted in the agreement the reference to masks, because “wearing a mask would aggravate [his] service-

connected disability.” Id. at 86–87. During his 2009 tour in Iraq, he was trained in masking as part of missions, both masking detainees as well as himself to learn the captive-captor dynamic. Id. at 88–89, 91, 138–40. For Brutsman, seeing masks

and wearing a mask would likely trigger his PTSD. Id. at 91, 140. He discussed these concerns with Mr. Bird many times, and the two enjoyed a good working relationship. Id. at 87, 91–92. This October 2020 agreement is the only written

telecommuting arrangement in the record.

COVID-19 Vaccination Mandate In September 2021, Raytheon announced its intention to require all

employees to be vaccinated against COVID-19. Id. at 92–94. Accommodations for employees choosing not to receive either partial or full vaccination would be limited to those providing religious or medical reasons. Id. at 94–95. Brutsman

understood that the policy would extend not only to those Raytheon employees who worked on government contracts but to all its employees. Id. at 93–94. By October 2021, the mandatory COVID-19 vaccination policy was firm. Raytheon directed all U.S. employees to complete a vaccination status form by

October 15, 2021. Id. at 96–97 & Exh. 13 (website for vaccine disclosure and verification). Per the website, an employee’s failure to timely submit the completed form “will be treated as a resignation from the company and your employment will be terminated.” Id. Mr. Brutsman chose against vaccination and timely applied for a religious accommodation in October. Id. at 97.

Before applying for the religious accommodation, Mr. Brutsman disclosed his unvaccinated status to his manager Mr. Bird and Krista Adams in the Human Resources department. Id. at 21, 97–98. Based on Brutsman’s concerns about the

governing policies and data privacy, Bird and Ms. Adams placed him in contact with Raytheon’s legal counsel. Id. at 98. After discussing his concerns with Raytheon’s legal counsel, he refused to submit answers into the database so as not to disclose his vaccine status to the disclosed two third-party databases. Id. at 99.

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