Page:United States Statutes at Large Volume 92 Part 2.djvu/1176

 92 STAT. 2456

Regulations.

PUBLIC LAW 95-572—NOV. 2, 1978 where such lodgings are ordered by the court, in a manner directed by the clerk and paid from funds authorized under this section. "(g) The Director of the Administrative Office of the United States Courts shall promulgate such regulations as may be necessary to carry out his authority under this section.". PROTECTION OF JURORS' EMPLOYMENT

28 USC 1875.

.<^.4i-r.iA'f 5v

Penalty.

SEC. 6. (a)(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 j u r y service, or the attendance or scheduled attendance in connection w i t h 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 r>ni and ordered to provide other a p p r o p r i a t e relief, including but not limited to the reinstatement of any employee discharged by reason of his j u r y service; and u (3) sj^all 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 j u r y 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 j u r y service. " (d) A n 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) I n 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) The chapter analysis of chapter 121 of title 28, United States Code, is amended by adding a t the end thereof the following new item: "1875. Protection of jurors' employment.". (b)(1) Chapter 85 of title 28, United States Code, is amended by redesignating section 1363, and all references thereto, as section 1361, and by inserting immediately after section 1362 the following new section:

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