Smith Paving Inc. has a contract to construct a new bypass around the city. The project is approximately 23 miles from the employer's office. Kelly and Portia are hired to keep track of the supplies delivered to the site. They are the only female employees working at this job site. Smith installs a portable restroom at the construction site, but it lacks the necessary facilities required by women and is not safe enough to be used by them. Thus, Kelly and Portia take breaks and drive back to the office to use their office restroom. However, the foreman complains that their breaks are too long. After the complaint, Kelly and Portia ask their employer to install a separate restroom for women. Which of the following is true in this situation?

Kelly and Portia's request for a separate restroom constitutes gender discrimination, and the employer cannot comply without being liable under Title VII of the Civil Rights Act of 1964.

The employer can terminate Kelly and Portia for demanding a separate restroom on the basis of bona fide occupational qualification.

Kelly and Portia's request for a separate restroom should be granted as not taking into consideration legitimate differences between genders can be unlawful.

The employer has no legal obligation to provide separate restrooms unless state law requires it.