I think that’s a good yardstick. If you don’t mean that I should be able to sue all restaurants with a women’s bathroom because I was disadvantaged when the only stall was occupied.
So I like your idea but add the word systemic. What I mean is I can wait 5 minutes to go for the bathroom.
So there was a system in the restaurant that kept me from going to the bathroom no matter how long I wait (i.e they only let women go to the bathrooms) I can’t claim I was discriminated.