§1875 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Employers must not fire, threaten, intimidate, or force a permanent employee out because the employee served on a jury in a United States federal court or had to attend for jury duty. If an employer breaks this rule, the employee can get money for lost pay or benefits. A court can make the employer stop the bad behavior and fix things, including putting the employee back on the job. The employer can also be fined up to $5,000 for each violation for each employee and may be ordered to do community service. A returned employee is treated as if on leave. They keep their seniority and can use insurance or other benefits the employer usually allows for employees on leave. An employee who claims a violation can go to the federal district court where the employer does business. If the court thinks the claim has merit, it will appoint a lawyer and pay costs under 18 U.S.C. 3006A. A winning employee who hired a lawyer can get reasonable attorney fees. A winning employer gets fees only if the case was frivolous or brought in bad faith.

Title 28, §1875

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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 $5,000 for each violation as to each employee, and may be ordered to perform community service.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (b)(3). Pub. L. 110–406 substituted “$5,000 for each violation as to each employee, and may be ordered to perform community service.” for “$1,000 for each violation as to each employee.” 1983—Subsec. (d)(1). Pub. L. 97–463, § 1(1), substituted designation “(d)(1)” for “(d)” before “An individual claiming”. Subsec. (d)(2). Pub. L. 97–463, § 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”.

Statutory Notes and Related Subsidiaries

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.

§1875 Protection of Jurors’ Employment