The Equal Employment Opportunity Office (EEOC) is suing the restaurant chain Ruby Tuesday on behalf of two men because the company hired only women for summer positions at its Park City, Utah, location.

When the restaurant put out the call to fill the positions for the summer of 2013 - jobs which included the perk of free housing - the applications came rolling in.

Ruby Tuesday, however, selected only women, because the company wanted to avoid the issue and expense of coed housing.

Elliot Felig and Remi Spencer appeared on "Fox and Friends Weekend" this morning to debate if the EEOC and these two men have a case against Ruby Tuesday or not.

"Discrimination is discrimination," Felig stated. "The same laws that protect women from being denied opportunities based on their gender also protect men from being denied opportunities based on their gender."

Spencer disagreed, saying that employers are legally allowed to hire a particular gender when the job calls for it.

In this case, they decided they did not want to bear the cost of housing both men and women. She asserted that Ruby Tuesday's decision was about money, not gender.

Felig said that this sets a bad precedent where a company can create a scenario where accommodations are only available to one group and use that as a pretext for not hiring people of a certain gender.

Both Felig and Spencer agreed that this case, like most cases, will end with a settlement.

Watch the clip above.