(a) General rule.--An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such jury service.
(b) Penalty.--Any employer who violates subsection (a) commits a summary offense.
(c) Civil remedy available.--If an employer penalizes an employee in violation of subsection (a) the employee may bring a civil action for recovery of wages and benefits lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed wages and benefits actually lost. If he prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court.
(d) Exception.--Subsection (a) shall not apply to any employer in any retail or service industry employing fewer than 15 persons or any employer in any manufacturing industry employing fewer than 40 persons.
(e) Right to excuse.--Any individual not entitled to reemployment under subsection (a) shall, upon request to the court, be excused from jury service.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References. Section 4563 is referred to in section 5522 of this title.
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