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U.S. Code as of:
01/19/04
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
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.
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