§ 1875. — Protection of jurors' employment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1875]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1875. Protection of jurors' employment
(a) 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.
(b) Any employer who violates the provisions of this section--
(1) shall be liable for damages for any loss of wages or other
benefits suffered by an employee by reason of such violation;
(2) 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
(3) shall be subject to a civil penalty of not more than $1,000
for each violation as to each employee.
(c) 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.
(d)(1) 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.
(2) 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.
(Added Pub. L. 95-572, Sec. 6(a)(1), Nov. 2, 1978, 92 Stat. 2456;
amended Pub. L. 97-463, Sec. 1, Jan. 12, 1983, 96 Stat. 2531.)
Amendments
1983--Subsec. (d)(1). Pub. L. 97-463, Sec. 1(1), substituted
designation ``(d)(1)'' for ``(d)'' before ``An individual claiming''.
Subsec. (d)(2). Pub. L. 97-463, Sec. 1(2), inserted provision
empowering the court to 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 par. (1) of this subsection and, in existing provisions,
substituted ``only if the court finds that the action is frivolous'' for
``if the court determines that the action is frivolous''.
Effective Date
Section applicable with respect to any grand or petit juror summoned
for service or actually serving on or after Nov. 2, 1978, see section
7(a) of Pub. L. 95-572, set out as a note under section 1363 of this
title.
Section Referred to in Other Sections
This section is referred to in section 1363 of this title.
