AB Pneumatics, Inc. manufactures hydraulic ram systems for motor vehicle lifts with 100 employees in a facility consisting of two buildings and a parking lot. The buildings are an older, small, administrative office and a large manufacturing plant. The older administrative building houses four male managers and six female clerical employees and contains separate bathrooms for male and female employees. The new manufacturing plant was built six months ago and has 80 male and 10 female employees working there. Plant employees receive two, ten minute work breaks and one 45 minute lunch break per shift. However, the new plant has only one bathroom for male employees only. Female plant employees on break are required to leave the plant facility and walk across an open parking lot to the older administrative building to use the female bathroom located there.

Question to Answer:

Assume you are a junior attorney working for the EEOC. Summarize the results of your analysis of the facts and law and give your reasoned opinion to your supervisor whether the EEOC should file a lawsuit for gender discrimination against the company and what remedies or relief the EEOC should seek.