Senate BillNo. 899


Introduced by Senator Hueso

(Principal coauthor: Assembly Member Gonzalez)

January 21, 2016


An act to amend Section 51.6 of the Civil Code, relating to civil rights.

LEGISLATIVE COUNSEL’S DIGEST

SB 899, as introduced, Hueso. Gender discrimination.

Existing law prohibits a business establishment from discriminating against a person because of the person’s gender with respect to the price charged for services of similar or like kind. Existing law also requires specified business establishments to disclose in writing the pricing for each standard service, as defined, to display, in a specified manner, a sign stating that it is illegal to base pricing on gender and that a complete price list is available upon request, and to display, in a specified manner, a price list, and to provide the customer with a copy of the complete price list upon request.

This bill would prohibit this discrimination with respect to the price charged for goods. The bill would add retailers and grocery stores to the list of specified business establishments that are required to disclose their prices in writing. The bill would make a corresponding change to the sign these establishments must display.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 51.6 of the Civil Code is amended to
2read:

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51.6.  

(a) This section shall be known, and may be cited, as the
2Gender Tax Repeal Act of 1995.

3(b) No business establishment of any kind whatsoever may
4discriminate, with respect to the price charged forbegin insert goods orend insert services
5of similar or like kind, against a person because of the person’s
6gender.

7(c) Nothing in subdivision (b) prohibits price differences based
8specifically upon the amount of time, difficulty, or cost of
9providing the services.

10(d) Except as provided in subdivision (f), the remedies for a
11violation of this section are the remedies provided in subdivision
12(a) of Section 52. However, an action under this section is
13independent of any other remedy or procedure that may be
14available to an aggrieved party.

15(e) This act does not alter or affect the provisions of the Health
16and Safety Code, the Insurance Code, or other laws that govern
17health care service plan or insurer underwriting or rating practices.

18(f) (1) The following business establishments shall clearly and
19conspicuously disclose to the customer in writing the pricing for
20each standard servicebegin insert and goodend insert provided:

21(A) Tailors or businesses providing aftermarket clothing
22alterations.

23(B) Barbers or hair salons.

24(C) Dry cleaners and laundries providing services to individuals.

begin insert

25(D) Retailers.

end insert
begin insert

26(E) Grocery stores.

end insert

27(2) The price list shall be posted in an area conspicuous to
28customers. Posted price lists shall be in no less than 14-point
29boldface type and clearly and completely display pricing for every
30standard servicebegin insert or goodend insert offered by the business under paragraph
31(1).

32(3) The business establishment shall provide the customer with
33a complete written price list upon request.

34(4) The business establishment shall display in a conspicuous
35place at least one clearly visible sign, printed in no less than
3624-point boldface type, which reads: “CALIFORNIA LAW
37PROHIBITS ANY BUSINESS ESTABLISHMENT FROM
38DISCRIMINATING, WITH RESPECT TO THE PRICE
39CHARGED FORbegin insert GOODS ORend insert SERVICES OF SIMILAR OR
40LIKE KIND, AGAINST A PERSON BECAUSE OF THE
P3    1PERSON’S GENDER. A COMPLETE PRICE LIST IS
2AVAILABLE UPON REQUEST.”

3(5) A business establishment that fails to correct a violation of
4this subdivision within 30 days of receiving written notice of the
5violation is liable for a civil penalty of one thousand dollars
6($1,000).

7(6) For the purposes of this subdivision, “standard service”
8means the 15 most frequently requested services provided by the
9business.



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