§ 1875. Protection of jurors’ employment

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–572 § 6(a)(1) · 92 Stat. 2453

   Enacted · 28 U.S.C. § 1875

   Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456

   Source evidence

   Code source credit
   Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456

   Enacted provision · exact public law section
   (1) Chapter 121 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 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 Penalty. 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) 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 award a prevailing employer a reasonable attorney’s fee as part of the costs if the court determines that the action is frivolous, vexatious, or brought in bad faith.”

2. 1983

   Pub. L. 97–463 § 1(1) · 96 Stat. 2531

   Substituted · 28 U.S.C. § 1875(d)(1)

   Pub. L. 97–463, § 1(1), substituted designation “(d)(1)” for “(d)” before “An individual claiming”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–463, § 1(1), substituted designation “(d)(1)” for “(d)” before “An individual claiming”.

   Enacted provision · exact public law section
   (1) by inserting “(1)” immediately after “(d)”; and

3. 1983

   Pub. L. 97–463 § 1(2) · 96 Stat. 2531

   1. Inserted · 28 U.S.C. § 1875(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

   2. Substituted · 28 U.S.C. § 1875(d)(2)

      Pub. L. 97–463, § 1(2), substituted “only if the court finds that the action is frivolous” for “if the court determines that the action is frivolous”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) by inserting “(1)” immediately after “(d)”; and

4. 2008

   Judicial Administration and Technical Amendments Act of 2008

   Pub. L. 110–406 § 19 · 122 Stat. 4291

   Substituted · 28 U.S.C. § 1875(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 19. PENALTY FOR EMPLOYERS WHO RETALIATE AGAINST EMPLOYEES SERVING ON JURY DUTY.   Section 1875(b)(3) of title 28, United States Code, is amended by striking “$1,000 for each violation as to each employee.” and inserting “$5,000 for each violation as to each employee, and may be ordered to perform community service.”.

5 of 5 references resolved to an enrolled provision