Amended in Senate April 19, 2016

Amended in Senate March 31, 2016

Senate Bill No. 899

Introduced by Senator Hueso

(Principal coauthor: Assembly Member Gonzalez)

(Coauthor: Senator Hall)

(Coauthor: Assembly Member Campos)

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 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.

This bill would also prohibit begin delete this end delete discrimination begin insert because of a person’s gender end insert with respect to the price charged for begin delete goods. end delete begin insert goods of a substantially similar or like kind, except for food, as defined. The bill would specify that a price difference based specifically on labor, materials, tariffs, or other gender-neutral reasons for having an increased cost of providing the goods is not included within this prohibition. end insert

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

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

SECTION 1.  

Section 51.6 of the Civil Code is amended to
read:

51.6.  

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

(b)  begin insert (1) end insert begin insert   end insert No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for begin delete goods or end delete services
of similar or like kind, against a person because of the person’s
gender.

begin insert

(2) No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for goods of a
substantially similar or like kind, against a person because of the
person’s gender.

end insert

(c) Nothing in begin insert paragraph (1) of end insert subdivision (b) prohibits price
differences based specifically upon the amount of time, difficulty,
or cost of providing the services.

begin insert

(d) Nothing in paragraph (2) of subdivision (b) prohibits price
differences based specifically on the labor, materials, tariffs, or
other gender-neutral reasons for having increased cost for
providing the goods.

end insert

begin insert (e) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert For purposes of paragraph (2) of subdivision (b), goods
may be of a substantially similar or like kind if the goods do all
of the following: end insert

begin insert

(A) Share the same brand.

end insert begin insert

(B) Share the same functional components.

end insert begin insert

(C) Share 90 percent of the same materials or ingredients.

end insert begin insert

(2) “Goods” shall not include any “food,” as defined by Section
12502 of the Food and Agricultural Code.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Except as provided in subdivision begin delete (f), end delete begin insert (h), end insert the remedies for
a violation of this section are the remedies provided in subdivision
(a) of Section 52. However, an action under this section is
independent of any other remedy or procedure that may be
available to an aggrieved party.

begin delete

(e)

end delete

begin insert (g) end insert  This act does not alter or affect the provisions of the Health
and Safety Code, the Insurance Code, or other laws that govern
health care service plan or insurer underwriting or rating practices.

begin delete

(f)

end delete

begin insert (h) end insert  (1) The following business establishments shall clearly and
conspicuously disclose to the customer in writing the pricing for
each standard service provided:

(A) Tailors or businesses providing aftermarket clothing
alterations.

(B) Barbers or hair salons.

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

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

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

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

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

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