§52-3-1. Right of action for discrimination against employees
summoned for jury duty; penalties.
(a) Any person who, as an employee, is discriminated against
by his employer because such employee received, or was served with
a summons for jury duty, or was absent from work to respond to a
summons for jury duty or to serve on any jury in any court of this
state, the United States or any state of the United States, may
have an action against his employer in the circuit court of the
county where the jury summons originated or where the
discrimination occurred. If the circuit court finds that an
employer terminated or threatened to terminate from employment, or
decreased the regular compensation of employment of an employee for
time the employee was not actually away from his employment because
the employee served as a juror, the court may order the employer to
cease and desist from this unlawful practice and order affirmative
relief, including, but not limited to, reinstatement of the
employee with or without back pay as will effectuate the purposes
of this section.
(b) Nothing in this section shall be construed to require an
employer to pay an employee any wages or other compensation for the
time the employee is actually away from employment for jury
services or to respond to a jury summons.
(c) If the employee prevails in an action under subsection (a)
of this section, the employee shall be allowed reasonable
attorney's fees as fixed by the court.
(d) Any employer who discriminates against an employee because
the employee received or was served with a summons for jury duty, or was absent from work to respond to a summons for jury duty or to
serve on any jury in any court of this state, the United States or
any state of the United States, is guilty of civil contempt and
shall be fined not less than one hundred dollars nor more than five
Note: WV Code updated with legislation passed through the 2012 1st Special Session