Ann Lindsey and Linda York, both over forty years old, were employed as head waitresses shortly after the opening of the Cabaret Royale, an upscale gentlemen’s club in Dallas. Its facilities include a gourmet restaurant, conference room with office services, a boutique, wide-screen viewing of sports events, and topless dancing. Lindsey was hired in January 1989. Two months later, she sought promotion to dancer. She spoke with one of the managers, and that same evening, she was summoned into the office of the general manager, Brian Paul, and told that she was “too old” to be a dancer.

York was present at the time. In ensuing weeks, several younger waitresses were promoted to dancer.

Finally, on May 8, 1989, Lindsey resigned and immediately became employed as a dancer at the Million Dollar Saloon. Cabaret Royale contends that Lindsey was not qualified to be one of its dancers because she failed to meet its attractiveness standard; specifically, she was not “beautiful, gorgeous, and sophisticated.” York also began working as a waitress in January 1989. On May 8, 1989, she left work around 1:30 A.M. claiming to be ill. As she left, she saw a regular customer, Kevin Hale, waiting for a cab and she gave him a ride home. When she returned to work two days later, she was informed that she was fired. She maintains that no reasons were assigned for her dismissal.

Cabaret Royale responds that she was terminated because she violated the club’s prohibition against leaving with customers. York counters that younger waitresses were not disciplined for the identical behavior. The Cabaret employed only one other nonmanagement female over age forty, Joy Tarver, a dancer who also was terminated at the same time.

York and Lindsey filed suit under the ADEA.

Can they establish a prima facie case of age discrimination? Are they likely to be successful in their claim? Explain your answers. See Lindsey v.

Prive Corp. [987 F.2d 324 (5th Cir. 1993)].