---
title: O.C.G.A. § 34-1-3. Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section.
collection: code
id: 34-1-3
cite_as: O.C.G.A. § 34-1-3 (2025)
canonical_url: https://georgiacommons.org/code/34-1-3
md_url: https://georgiacommons.org/code/34-1-3.md
text_url: https://georgiacommons.org/code/34-1-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t34-(v26)-2017-pdf.pdf?sfvrsn=ba91129b_0#page=5
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: LABOR AND INDUSTRIAL RELATIONS / GENERAL PROVISIONS
---

# O.C.G.A. § 34-1-3. Discrimination against employee for attending a judicial proceeding in response to a court order or process; exception to applicability of Code section.

(a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection.

(b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured employee for all actual damages thereby suffered by the employee and for reasonable attorney’s fees incurred by the employee in asserting a successful claim under this Code section.

(c) This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee’s expected absence or delay in reporting to work in order to attend a judicial proceeding.

## History

Code 1981, § 34-1-3, enacted by Ga. L. 1987, p. 1156, § 1; Ga. L. 1990, p. 590, § 2.

## Cross References

Right to trial by jury, Ga. Const. 1983, Art. I, Sec. I, Para. XI. Exemptions from jury duty, § 15-12-1 et seq. and § 38-2-276. Selection of jurors, § 15-12-40 et seq. Jury leave for teachers, § 20-2-870 et seq.

## Law Reviews

For survey article on labor and employment law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 303 (2003).