| The right to a trial by jury is the privilege of every person in the United States. This cherished right is guaranteed by both the United States and Iowa Constitutions. Your employee has been summoned to render an important service as a juror. You and your employees have enjoyed the privileges of citizenship and the protection of your liberties and property through our system of self-government. Now, for a short time, your employee will serve as a juror, an officer of the court, along with the lawyers and the judges. As a juror, your employee is an important member of the judicial system of the United States of America. |
Pursuant to the provisions of 28 U.S.C.A. Section 1875, an employee is protected from being discharged, threatened, intimidated, or coerced by his/her permanent employer because of federal jury service.
28 U.S.C.A. § 1875: Protection of jurors' employment
. Chapter 121. Juries; Trial by Jury § 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;
. (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.
. (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.
. (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.