28 U.S.C. § 1875 — Protection of jurors’ employment
submitted 48 years ago by Pub. L. 95-572 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 420 words · no verdicts yet
An employer may not punish or pressure a permanent employee because of jury service in a United States court. Violations can lead to damages, an injunction, a civil penalty, community service, and specific remedies for reinstated employees.
(a) An employer may not fire, threaten to fire, intimidate, or pressure a permanent employee because of the employee’s jury service, attendance, or scheduled attendance connected with jury service in any United States court.
(b) An employer that violates this section: (1) is liable for damages for wages or other benefits the employee lost because of the violation; (2) may be ordered to stop further violations and to provide other suitable relief, including reinstating an employee fired because of jury service; and (3) is subject to a civil penalty of up to $5,000 for each violation involving each employee, and may be ordered to perform community service.
(c) An individual reinstated under this section is treated as having been on furlough or leave during jury service. The individual must return to the job without losing seniority and may participate in the employer’s insurance and other benefits under the employer’s established rules and practices for employees on furlough or leave that were in effect when the individual began jury service.
(d) (1) An individual who claims an employer violated this section may apply to the district court* for the district* where the employer has a place of business. If the court finds the claim probably has merit, it must appoint a lawyer to represent the individual in any district-court action needed to resolve the claim. The lawyer’s pay and necessary expenses are covered to the extent section 3006A of title 18 provides. (2) In an action or proceeding under this section, the court may award a winning employee who used a retained lawyer a reasonable attorney fee as part of the costs. If the court paid the lawyer’s fees and expenses under paragraph (1), the court may charge the employer those amounts as costs payable to the court. The court may award a winning employer a reasonable attorney fee as part of the costs only if it finds the action was frivolous, vexatious, or brought in bad faith.
No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States*.
Any employer who violates the provisions of this section—
shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation;
may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and
shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service.
Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.
An individual claiming that his employer has violated the provisions of this section may make application to the district court* for the district* in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18, United States Code.
In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney’s fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney’s fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.
Source credit: (Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456; amended Pub. L. 97–463, § 1, Jan. 12, 1983, 96 Stat. 2531; Pub. L. 110–406, § 19, Oct. 13, 2008, 122 Stat. 4295.)
- 1978Enacted · Pub. L. 95-572 · 92 Stat. 2456
- 1983Amended · Pub. L. 97-463 · 96 Stat. 2531
- 2008Amended · Pub. L. 110-406 · 122 Stat. 4295
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-572 on 1978-11-02.
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