Smith Paving, Inc. has a contract to construct the new bypass around the city. The project is approximately 23 miles from Smith's office. Kelley O'Neil 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 had installed portable restrooms at the construction site. Initially Kelley and Portia would take breaks and drive back to the office to use the restroom because the on-site restrooms were unsanitary however the form and complained that these breaks took too much time and told them that they must use the same portable restrooms as everyone else. None of the 25 male employees on the job complained about the unsanitary portable restrooms. Kelly and Portia refuse to use them because they were unsanitary and could cause them urinary tract infections. The company suspended both of them for five days for driving back to the office during breaks to use the restroom. Kelly and Portia come to your law office and ask you to help them file a charge with the EEOC. Explain the best legal argument