In order to ensure that the serious need for federal jurors is met, the “Protection of Jurors’ Employment” statute (28 U.S.C. § 1875) was enacted in 1978. The statute demonstrates the attitude of the United States Congress toward assuring adequate representation and the corresponding duty of employers to their employees and to the justice system. The statute states, in part, that “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.
Any employer who violates the provisions of this statute:
- shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation;
- 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
- shall be subject to a civil penalty of not more than $5,000 for each violation as to each employee, and may be ordered to perform community service.
Length of Absence for Jury Service
Petit jurors are on notice for jury service for a specific one month term. During that time, they MAY be summoned to appear for jury selection. If selected, the average time a juror sits on a trial is three to five days.
Summoned grand jurors are expected to appear for jury selection only on the one date indicated on their summons. There are two types of federal grand juries; regular and special. Regular grand juries sit for a basic term of 6 or 12 months and meet 2 to 4 days per month. Special grand juries sit for 18 months and meet 1 or 2 days per month. If selected to serve as a grand juror, your employee will be provided with a tentative schedule.