(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 attends court by reason of being a victim of, or a witness to, a crime or a member of such victim's family. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such court attendance.
(b) Penalty.--An 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 fee fixed by the court.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Family." This term shall have the same meaning as in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
"Victim." This term shall have the same meaning as "direct victim" in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
(Oct. 22, 1986, P.L.1451, No.142, eff. 60 days; June 28, 2002, P.L.494, No.84, eff. 60 days)
2002 Amendment. Act 84 amended the section heading and subsec. (a) and added subsec. (d).
1986 Amendment. Act 142 added section 4957.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 49 - Falsification and Intimidation
Section 4904 - Unsworn falsification to authorities
Section 4905 - False alarms to agencies of public safety
Section 4906 - False reports to law enforcement authorities
Section 4906.1 - False reports of child abuse
Section 4907 - Tampering with witnesses and informants (Repealed)
Section 4908 - Retaliation against witness or informant (Repealed)
Section 4909 - Witness or informant taking bribe
Section 4910 - Tampering with or fabricating physical evidence
Section 4911 - Tampering with public records or information
Section 4912 - Impersonating a public servant
Section 4913 - Impersonating a notary public or a holder of a professional or occupational license
Section 4914 - False identification to law enforcement authorities
Section 4915 - Failure to comply with registration of sexual offenders requirements (Expired)
Section 4915.1 - Failure to comply with registration requirements
Section 4915.2 - Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I registration requirements
Section 4952 - Intimidation of witnesses or victims
Section 4953 - Retaliation against witness, victim or party
Section 4953.1 - Retaliation against prosecutor or judicial official
Section 4954 - Protective orders
Section 4954.1 - Notice on protective order
Section 4955 - Violation of orders
Section 4956 - Pretrial release
Section 4957 - Protection of employment of crime victims, family members of victims and witnesses
Section 4958 - Intimidation, retaliation or obstruction in child abuse cases