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

Under Title VII of the Civil Rights Act, it is illegal to discriminate against employees based on their gender. Providing separate restrooms for men and women is not discriminatory, as long as the facilities are equal in quality and cleanliness. Kelly and Portia's request for a separate portable restroom is reasonable and necessary to ensure their health and hygiene. Smith should provide the separate restroom unless it would cause an undue financial burden. Terminating Kelly and Portia for leaving the job site to use the restroom would be retaliatory and illegal under Title VII.