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43-173. Jury service; right to serve; liability; costs. (a) No employer shall discharge or threaten to discharge 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 Kansas.

(b) Any employer who violates the provisions of this section:

(1) Shall be liable for damages for any loss of wages, actual damages and other benefits suffered by an employee by reason of such violation;

(2) shall be ordered to reinstate any employee discharged by reason of such employee's jury service; and

(3) may be enjoined from further violations of this section and ordered to provide other appropriate relief.

(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 such period of jury service, shall be reinstated to employee's 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.

(d) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel reasonable attorney fees as part of the costs. The court may award a prevailing employer reasonable attorney fees as part of the costs only if the court finds that the action is frivolous or brought in bad faith.

History: L. 1993, ch. 44, ยง 1; July 1.

Law Review and Bar Journal References:

"Vengeance is not Mine: A Survey of the Law of Title VII Retaliation," Nancy Landis Caplenger and Diane S. Worth, 73 J.K.B.A. No. 4, 20 (2004).

"Improving the Jury System in Kansas: A Call for Jury Patriotism Legislation," Mark A. Behrens and Edward O. Gramling, XIII Kan. J.L. & Pub. Pol'y, No. II, 1, 10 (2004).

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