SB 899,
as amended, Hueso. Genderbegin delete discrimination.end deletebegin insert discrimination: pricing.end insert
Existingbegin delete lawend deletebegin insert law, the Gender Tax Repeal Act of 1995,end insert 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 likebegin delete kind.end deletebegin insert kind and specifies that this prohibition does not apply to price differences based specifically upon the amount of time, difficulty, or cost of providing the services.end insert
This bill would also prohibitbegin delete discriminationend deletebegin insert
a business establishment from discriminating against a personend insert because of a person’s gender with respect to the price charged for goods of a substantially similar or like kind, except for food, asbegin delete defined.end deletebegin insert defined, end insertbegin insertor goods sold by a new motor vehicle dealer, as defined. The bill would specify that these exceptions shall not bar or otherwise impact a claim brought under the Unruh Civil Rights Act.end insert 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.begin insert
The bill would also specify that a retail establishment is not prohibited from passing through a price to the consumer that is set by a manufacturer, distributor, or other entity that the retailer cannot control.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 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) (1) No business establishment of any kind whatsoever may
6discriminate, with respect to the price charged for services of
7similar or like kind, against a person because of the person’s
8gender.
9(2) No business establishment of any kind whatsoever may
10discriminate, with respect to the price charged for goods of a
11substantially similar or like kind, against a person because of the
12person’s gender.
13(c) Nothing in
paragraph (1) of subdivision (b) prohibits price
14differences based specifically upon the amount of time, difficulty,
15or cost of providing the services.
16(d) begin insert(1)end insertbegin insert end insertNothing in paragraph (2) of subdivision (b) prohibits
17price differences based specifically on the labor, materials, tariffs,
18or other gender-neutral reasons for having increased cost for
19providing the goods.
20
(2) Nothing in paragraph (2) of subdivision (b) prohibits a retail
21establishment from passing through a price to the consumer that
22is set by a manufacturer, distributor, or other entity that the retailer
23cannot control.
24(e) (1) For purposes of paragraph (2) of subdivision (b), goods
25may be of a substantially similar or like kind if the goods do all
26of the following:
27(A) Share the same brand.
P3 1(B) Share the same functional components.
2(C) Share 90 percent of the same materials or ingredients.
3(2) “Goods” shall not include any “food,” as defined by Section
412502 of the Food and Agriculturalbegin delete Code.end deletebegin insert Code or goods sold by
5a “new motor vehicle dealer,” as defined by
Section 426 of the
6Vehicle Code.end insert
7(f) Except as provided in subdivision (h), the remedies for a
8violation of this section are the remedies provided in subdivision
9(a) of Section 52. However, an action under this section is
10independent of any other remedy or procedure that may be
11available to an aggrieved party.
12(g) begin insert(1)end insertbegin insert end insert This act does not alter or affect the provisions of the
13Health and Safety Code, the Insurance Code, or other laws that
14govern health care service plan or insurer underwriting or rating
15practices.
16
(2) The exclusions from the term “goods” in paragraph (2) of
17subdivision (e) shall not bar or otherwise impact a claim brought
18pursuant to Section 51.
19(h) (1) The following business establishments shall clearly and
20conspicuously disclose to the customer in writing the pricing for
21each standard service provided:
22(A) Tailors or businesses providing aftermarket clothing
23alterations.
24(B) Barbers or hair salons.
25(C) Dry cleaners and laundries providing services to individuals.
26(2) The price list shall be posted in an area
conspicuous to
27customers. Posted price lists shall be in no less than 14-point
28boldface type and clearly and completely display pricing for every
29standard service offered by the business under paragraph (1).
30(3) The business establishment shall provide the customer with
31a complete written price list upon request.
32(4) The business establishment shall display in a conspicuous
33place at least one clearly visible sign, printed in no less than
3424-point boldface type, which reads: “CALIFORNIA LAW
35PROHIBITS ANY BUSINESS ESTABLISHMENT FROM
36DISCRIMINATING, WITH RESPECT TO THE PRICE
37CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND,
38AGAINST A PERSON BECAUSE OF THE PERSON’S
39GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON
40REQUEST.”
P4 1(5) A business establishment that fails to correct a violation of
2this subdivision within 30 days of receiving written notice of the
3violation is liable for a civil penalty of one thousand dollars
4($1,000).
5(6) For the purposes of this subdivision, “standard service”
6means the 15 most frequently requested services provided by the
7business.
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