48-1009. Court; jurisdiction; relief.
In any action brought to enforce the Age Discrimination in Employment Act, the court shall have jurisdiction to grant such legal or equitable relief as the court deems appropriate to effectuate the purposes of the act, including judgments compelling employment, reinstatement, or promotion, or enforcing liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation.
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The proper procedure under this section is for the trial court to submit the damages issue to the jury, if one is empaneled, and reserve ruling on a plaintiff's requested equitable relief until after the jury renders a verdict. A trial court should then enter an order on the jury verdict and reserve entering judgment until after the court has considered any requests for equitable relief. Billingsley v. BFM Liquor Mgmt., Inc., 259 Neb. 992, 613 N.W.2d 478 (2000).
Age discrimination cases that seek mandatory injunctions as well as damages are equitable in nature. A jury empaneled in an equity case is advisory only. Synacek v. Omaha Cold Storage, 247 Neb. 244, 526 N.W.2d 91 (1995).