Title: Jury Selection and Service Act of 1968 
Statute:   28 U.S.C. §1875
Governing Agency:  Claims are to be filed in U.S. District Court 

General Overview: This act offers protections to permanent employees who are summoned for jury duty. This act provides legal remedies to employees who are retaliated and/or discriminated against by their employer for being absent from work due to jury duty. In addition to legal remedies and protections, this act imposes penalties on employers who taken these actions against an employee for attending jury duty. 

Who is covered?     

  • Any permanent employee of an employer in any field of employment

Who is not covered? 

  •         temporary and seasonal employees

What is covered?
-Any permanent employee cannot be retaliated and/or discriminated against by their employer for:

  • attending jury service in any United States Court
  • engaging in any activity relating to scheduled attendance in connection with jury service in any federal court


-Illegal retaliation by employers includes:

  • discharging/firing/discriminating against
  • threatening to discharge/fire
  • intimidating or coercing 

Note: Discrimination in the workplace often includes, but not limited to: refusal to hire, denial of promotion; other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

How do I submit a claim?  Step-by-Step Approach:

1.       If you believe your employer has violated this act, you may file a lawsuit against your employer in United States District Court in the jurisdiction where your employer maintains a place of business.

2.       The United States District Court will issue a ruling after motions and the trial is complete. The parties may negotiate a settlement prior to the conclusion of the trial.

3.       If either party wishes to appeal, they may file in the United States Court of Appeals. 

Rights and Remedies:

  • Back pay (with interest)
  • Monetary damages for lost benefits
  • Reinstatement to former position with same seniority status
  • Penalty of up to ,000 assessed against employer for each violation
  • Reasonable attorney fees and other related litigation costs

Note; Courts may award reasonable attorney’s fees to prevailing employer if the claim is found to be frivolous or brought in bad faith by claiming party.