FEDERALCourt of Appeals for the Fifth Circuit
2003

Thomas E. West v. Nabors Drilling Usa, Inc.

330 F.3d 379Court of Appeals for the Fifth Circuit • Decided 2003Affirmed
FLAGSHIPLiquidated DamagesCited 119 times

HOLDING

A 60-year-old drilling supervisor was fired and replaced by a 38-year-old worker. The company claimed he refused to report for work; he claimed age discrimination. A jury found the company's explanation was not believable and ruled the firing was intentional age discrimination under federal law. The appeals court upheld the verdict, confirming that circumstantial evidence—like a suspicious replacement—can prove age discrimination even without direct statements about age.

KEY FINDINGS

Liquidated Damages

Document your stated reasons for termination carefully. If a reason is later proven false or inconsistent, courts will assume discrimination was the real motive.

FULL COURT OPINION