Smith Paving,Inc.has a contract to construct a new bypass around the city.The project is approximately 23 miles from Smith's office.Kelly O'Neal and Portia Davis were hired to keep track of the supplies delivered to the site.They were the only females working at this job site.Smith has installed portable restrooms at the construction site.Initially,Kelly and Portia would take breaks and drive back to the office to use the restroom because the on site restrooms were unsanitary.However,the foreman complained that these breaks took too much time.Kelly and Portia asked Smith to install a portable "female only" restroom because the others were unsanitary and could lead to urinary tract infections in females.

Question

Quizplus · Accepted Answer

Kelly and Portia's request for a separate restroom is not considered gender discrimination as it is based on a legitimate health concern. Smith should grant their request unless it would create an unreasonable financial burden. It is also illegal for Smith to terminate Kelly and Portia for taking breaks to use the restroom as they have a right to do so under OSHA regulations. However, there is no information provided about state law requirements for separate restrooms.