SB 899, as amended, 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.begin delete 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.end delete
This bill wouldbegin insert alsoend insert prohibit this discrimination
with respect to the price charged for goods.begin delete 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.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 51.6 of the Civil Code is amended to
2read:
(a) This section shall be known, and may be cited, as the
4Gender Tax Repeal Act of 1995.
5(b) No business establishment of any kind whatsoever may
6discriminate, with respect to the price charged for goods or services
7of similar or like kind, against a person because of the person’s
8gender.
9(c) Nothing in subdivision (b) prohibits price differences based
10specifically upon the amount of time, difficulty, or cost of
11providing the services.
12(d) Except as provided in subdivision (f), the remedies for a
13violation of this section
are the remedies provided in subdivision
14(a) of Section 52. However, an action under this section is
15independent of any other remedy or procedure that may be
16available to an aggrieved party.
17(e) This act does not alter or affect the provisions of the Health
18and Safety Code, the Insurance Code, or other laws that govern
19health care service plan or insurer underwriting or rating practices.
20(f) (1) The following business establishments shall clearly and
21conspicuously disclose to the customer in writing the pricing for
22each standard servicebegin delete and goodend delete provided:
23(A) Tailors or businesses providing aftermarket clothing
24alterations.
25(B) Barbers or hair salons.
26(C) Dry cleaners and laundries providing services to individuals.
27(D) Retailers.
end delete28(E) Grocery stores.
end delete
29(2) The price list shall be posted in an area conspicuous to
30customers. Posted price lists shall be in no less than 14-point
31boldface type and clearly and completely display pricing for every
32standard servicebegin delete or goodend delete
offered by the business under paragraph
33(1).
34(3) The business establishment shall provide the customer with
35a complete written price list upon request.
36(4) The business establishment shall display in a conspicuous
37place at least one clearly visible sign, printed in no less than
3824-point boldface type, which reads: “CALIFORNIA LAW
P3 1PROHIBITS ANY BUSINESS ESTABLISHMENT FROM
2DISCRIMINATING, WITH RESPECT TO THE PRICE
3CHARGED FORbegin delete GOODS ORend delete SERVICES OF SIMILAR OR
4LIKE KIND, AGAINST A PERSON BECAUSE OF THE
5PERSON’S GENDER. A COMPLETE PRICE LIST IS
6AVAILABLE UPON REQUEST.”
7(5) A business establishment that fails to
correct a violation of
8this subdivision within 30 days of receiving written notice of the
9violation is liable for a civil penalty of one thousand dollars
10($1,000).
11(6) For the purposes of this subdivision, “standard service”
12means the 15 most frequently requested services provided by the
13business.
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