There is some disagreement among courts as to whether the ADEA applies to religious institutions. Although you may be represented by an attorney before the EEOC, this is not required. The filing of a charge with the EEOC is a prerequisite to filing a civil action in court. Once the charge is filed with the EEOC, the charging party must wait 60 days before filing a civil suit. There is a right to a jury trial under the ADEA, except for federal employees.
Liquidated damages are damages equal to the amount deemed to be unpaid minimum wages or overtime.
Damages for emotional distress are not allowed under the ADEA, but attorneys' fees are recoverable. As with the federal statute, it is unlawful to advertise so as to place a limitation on the age of applicants sought. Unlike the ADEA, apprenticeship programs are included. Retaliation against individuals who seek to enforce the statute or who complain about prohibited practices is also unlawful. The state statute also contains prohibitions against age discrimination in the sale, lease or rental of housing accommodations or commercial space, and no limitation as to age may be included in advertisements for such sale, lease or rental.