BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session SB 899 (Hueso) Version: March 31, 2016 Hearing Date: April 12, 2016 Fiscal: No Urgency: No RD SUBJECT Gender discrimination DESCRIPTION Existing law, the Gender Tax Repeal Act, prohibits all business establishments from discriminating, with respect to the price charged for services of similar or like kind, against a person because of the person's gender. Existing law further requires certain businesses to display, among other things, a price list for standard services, as specified. This bill would extend the Gender Repeal Tax Act's prohibitions against gender-based price discrimination for services to goods as well. BACKGROUND California law, the Unruh Civil Rights Act, prohibits business establishments from discriminating against any individual on the basis of certain characteristics such as sex, race, and national origin. (Civ. Code Sec. 51.) In 1995, California enacted the "Gender Tax Repeal Act" (AB 1100 (Speier, Ch. 866, Stats. 1995)) to specifically prohibit businesses from engaging in price discrimination based on gender with respect to services of a like or similar kind, while also clarifying that this prohibition does not apply to price differentials to be based upon the amount of time, difficulty, or cost of providing the service. (See Civ. Code Sec. 52.6(b), (c).) In 2001, AB 1088 (Jackson, Ch. 312, Stats. 2001) added provisions to the Gender Tax Repeal Act that require specified business establishments, SB 899 (Hueso) Page 2 of ? such as tailors, hair salons, and dry cleaners, to conspicuously display their prices for each "standard service" (i.e., the 15 most frequently requested services provided by the business) to customers. AB 1088 also required those businesses to display a sign that states it is illegal to base pricing of services on gender and that a complete price list is available upon request. This bill would now amend the Gender Tax Repeal Act to expressly apply its prohibition against gender-based price discrimination to goods. CHANGES TO EXISTING LAW Existing law , the Unruh Civil Rights Act, provides that all persons in California are free and equal, and regardless of a person's sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, everyone is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. (Civ. Code Sec. 51.) Existing law , the Gender Tax Repeal Act, provides that no business establishment of any kind whatsoever may discriminate, with respect to the price charged for services of similar or like kind, against a person because of the person's gender. (Civ. Code Sec. 51.6(b).) Existing law provides that this does not, however, prohibit price differences based specifically upon the amount of time, difficulty, or cost of providing the services. (Civ. Code Sec. 51.6(c).) Existing law provides that specified business establishments, including tailors, barbers or hair salons, and dry cleaners, shall clearly and conspicuously disclose to the customer in writing the pricing for each standard service provided, as specified. "Standard services" for these purposes means the 15 most frequently requested services provided by the business. (Civ. Code Sec. 51.6(f)(1), (2), (6).) These businesses must also provide customers with a complete written price list upon request and display in a conspicuous place at least one clearly visible sign, as specified. (Civ. Code Sec. 51.6(f)(3)-(4).) Existing law provides that, aside from a specified civil penalty for price list and signage violations, the remedies for a violation of the Gender Tax Repeal Act are the remedies that are SB 899 (Hueso) Page 3 of ? generally available for an Unruh Civil Rights Act violation, described below. Any action under this act, however, is independent of any other remedy or procedure that may be available to an aggrieved party. (Civ. Code Sec. 51.6(d).) Existing law , in relevant part, provides that any person who denies, aids or incites a denial, or makes any discrimination or distinction contrary to the Unruh Civil Rights Act or to the Gender Tax Repeal Act, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than $4,000, and any attorney's fees that may be determined by the court, suffered by any person denied the rights provided in those acts. (Civ. Code Sec. 52(a).) This bill would extend existing Gender Tax Repeal Act prohibitions against pricing discrimination on the basis of gender with respect to services of similar or like kind to goods of similar or like kind as well. COMMENT 1. Stated need for the bill According to the author: While the Gender Tax Repeal [A]ct [and] the Jesse Unruh Civil Rights [A]ct have provided protections to consumers against gender based pricing on consumer services, there has been no such evidence of the act being used by private individuals to protect against gender pricing on consumer goods. Recent reports have suggested that women often pay more than men for products marketed toward them or made for women. Often times, these products are identical or very similar to men's products. This price difference has been evidenced across our economy from products marketed towards children, adult clothing, hygienic products and senior care products. This bill extends protections against gender pricing for services, as specified under the Gender Tax Repeal Act, to consumer goods [ . . . ] . 2. Reports reflect that gender-based price discrimination SB 899 (Hueso) Page 4 of ? remains a problem despite protections of the Unruh Civil Rights Act and the Gender Tax Repeal Act As stated by the author, above, this bill seeks to extend existing law protections against gender-based price discrimination protections for services under the Gender Tax Repeal Act to consumer goods. When the Gender Tax Repeal Act was first enacted in 1995 (AB 1100 (Speier, Ch. 866, Stats. 1995)), proponents relied in part on data gathered in conjunction with a 1994 interim hearing by the Assembly Committee on Consumer Protection, Governmental Efficiency & Economic Development on gender discrimination in the pricing of products and services documenting that "adult women effectively pay a gender tax which costs each woman approximately $1,351 annually, or about $15 billion for all women in California. The gender tax is the additional amount women pay for similar goods and services due to gender-based discrimination in pricing." (Sen. Judiciary Com., analysis of AB 1100 (1995-1996 Reg. Session), Aug. 22, 1995, p. 5.) Several other studies, books, and reports further documented gender-based discrimination in pricing, including, among others, a 1992 study by the New York City Department of Consumer Affairs, "Gypped by Gender." Additionally, the Committee noted that a survey of businesses in five major California cities by the Assembly Office of Research (AOR) in 1994, Survey of Haircuts & Laundry Services in California," found that "women in California pay on the average $5 more for a haircut and $1.71 more to have a shirt laundered. The AOR survey also found that 64 percent of those establishments surveyed in five major California cities charged more to launder a woman's white cotton shirt than a man's." (Id.) In support of this bill, the proponents now cite a December 2015 report by the NewYork City Department of Consumer Affairs, entitled "From Cradle to Cane: The Cost of Being a Female Consumer." As summarized by the author, after looking at nearly 800 products with clear male and female versions from more than 90 brands sold at two dozen New York City retailers, both online and in stores, the 2015 report reflects the following: [ . . . ] 42 [percent] of the time, women's products cost more than similar products for men and on average cost 7 [percent] more. Specifically: 7 percent more for toys and accessories SB 899 (Hueso) Page 5 of ? 4 percent more for children's clothing 8 percent more for adult clothing 13 percent more for personal care products 8 percent more for senior/home health care products. In all but five of the 25 product categories analyzed, products for female consumers were priced higher than those for male consumers. Some of the highest price differences were for products that are arguably necessities. Women's shampoo and hair conditioner cost an average of 48 [percent] more. Supports and braces cost 15 [percent] more, personal urinals cost 21 [percent] more, and canes cost 12 [percent] more. Often times the price differences were egregious. A red scooter labeled for boys was 25 dollars, while an identical pink scooter labeled for girls was 50 dollars, a 100 [percent] price difference. 3. Unruh Civil Rights Act arguably makes gender-based price discrimination unlawful California law, the Unruh Civil Rights Act, prohibits business establishments from discriminating against any individual on the basis of certain characteristics such as sex, race, and national origin. (Civ. Code Sec. 51.) That act has been interpreted to prohibit all acts of "arbitrary discrimination" by a business establishment in the provision of goods and services and the offering of accommodations. (O'Connor v. Village Green Owners Assn. (1983) 33 Cal.3d 790; Harris v. Capitol Growth Investors XIV (1991) 52 Cal.3d 1142.) With respect to gender discrimination, specifically, in Koire v. Metro Car Wash (1985) 40 Cal.3d 24, the California Supreme Court held that two specific acts of gender price discrimination constituted arbitrary discrimination: a "Ladies Day" at a car wash during which women paid less for a car wash than men, and a "Ladies' Night" at a bar, during which women could be admitted to the bar for free, but men had to pay a cover charge. The Koire court concluded its opinion with a broad statement about the illegality of gender price discrimination, stating that: SB 899 (Hueso) Page 6 of ? "[t]he plain language of the Unruh Act mandates equal provision of advantages, privileges and services in business establishments in this state. Absent a compelling social policy supporting sex-based price differentials, such discounts violate the Act." (Id. at 38.) As such, existing law, the Unruh Civil Rights Act, arguably prohibits gender-based price discrimination, irrespective of the Gender Tax Repeal Act, not only with respect to services, but with respect to goods and other business accommodations as well. Indeed, when this Committee first reviewed and approved the Gender Tax Repeal Act's enabling legislation, AB 1100 (Speier, Ch. 866, Stats. 1995), the Committee analysis noted that the "clear statement by the [Koire] Court about the illegality of gender price discrimination" made it "difficult to claim that the persistence of gender discrimination is because of an ambiguity in present law. Rather, it appears clear that there is inadequate enforcement of existing law, and inadequate education efforts to inform businesses and consumers about the illegality of this practice." (Sen. Judiciary Com., analysis of AB 1100 (1995-1996 Reg. Session), Aug. 22, 1995, p. 6.) That being said, proponents asserted that an explicit prohibition against gender-based pricing discrimination was needed to clarify the Unruh Civil Rights Act and to try to address the persistent problem of gender-based discrimination in the sale of services, particularly in relation to haircuts, laundry, dry cleaning, and alterations. (Id. at 5. See also Comment 2 for more about the documented prevalence of gender-based price discrimination at the time AB 1100 was enacted.) This bill now seeks to explicitly prohibit gender-based price discrimination for goods, based on similar information documenting that gender-based price discrimination persists among businesses in the context of consumer goods. In support of the bill, the Older Women's League (OWL) Sacramento Capitol writes that by prohibiting retailers from pricing consumer goods marketed to women higher than the similar or identical men's products, this bill "would at the very least, let all shoppers know of variances in pricing of basic necessities[,] such as razors, toys, clothing, and care products that are marketed to women that cost more than the identical products for men." Also in support, the Equal Rights Advocates adds: SB 899 (Hueso) Page 7 of ? The combination of gender-based differences in consumer prices and the gender wage gap is a double-edged sword: Women face higher expenses than men and at the same time are paid less. Women working full-time in California make an overall average of 84 cents on the dollar when compared to full-time working men, and the wage gaps are far worse for women of color, with Latinas and African American women making median annual earnings equal to just 43 cents and 63 cents, respectively, for every dollar earned by white, non-Hispanic men. The injustice of lower wages is further compounded when we examine how everyday consumer products are commonly priced nearly 13[percent] more when marketed to women. Gender pricing led to women paying an average of $1,351 more than men per year on goods and services in 1994. Adjusting for inflation, that number is now $2,161. This means that on top of losing $39 billion a year to the gender wage gap, Californian women and girls are collectively spending in excess of $41 billion more than boys and men to purchase things that everyone needs. [Emphasis in original.] 4. This bill would extend the Gender Tax Repeal Act's gender-based price discrimination prohibitions for services to goods As noted in Comment 3 above, the Gender Tax Repeal Act currently applies only to gender-based price discrimination for services, whereas the Unruh Civil Rights Act arguably would prohibit gender-based price discrimination more broadly. When AB 1100 (Speier, Ch. 866, Stats. 1995) was first considered, it was intentionally limited to services offered by businesses because of a veto by then-Governor Pete Wilson of a similar bill the prior session, AB 2418 (Speier, 1994), which would have applied to prohibit gender-based price discrimination for both goods and services. At the time, this Committee specifically noted the narrow application of AB 1100 to the provision of services and questioned whether the bill should instead apply to any business practice to which the Unruh Civil Rights Act would apply, warning that: By limiting the application of this new specific discrimination section to services, this bill would probably be interpreted as having amended sub silentio the general SB 899 (Hueso) Page 8 of ? prohibition in the Unruh Act, such that it no longer would prohibit gender price discrimination for non-services. This bill's limitation to services clearly excludes application of this bill to the sale of goods. . . . In addition to excluding goods, this bill might also not apply to the offering of accommodations, which is the traditional purview of private discrimination statutes like the Unruh Civil Rights Act. One of the instances addressed by Koire demonstrates the potential problem: is a cover charge to enter a bar a "service?" Certainly it is not a service in the sense that performing a haircut or a car wash is. (Id. at 9.) While the Committee analysis noted the exclusion of goods might have a less significant impact "because most pricing practices for goods could probably be justified as being non-arbitrary and based on a permissible factor," it also cautioned that insofar as gender-based pricing still occurs (such as where bars advertise nights during which the price of beer was less for women than for men) there is cause for concern that such practices might be made legal by the bill's limitation to services. (Id.) Seeking to now extend the protections of the Gender Tax Repeal Act to goods, the sponsor of this bill, the Consumer Federation of California, provides a recent example that suggests, even 21 years later, it is still not safe to assume that most pricing practices for goods are non-arbitrary and based on a permissible non-gender based factor: According to a recent Washington Post article, Why you should always buy the men's version of almost anything, "Radio Flyer sells a red scooter for boys and a pink scooter for girls. Both feature plastic handlebars, three wheels and a foot brake. Both weigh about five pounds?The only significant difference is the price?Target listed one for $24.99 and the other for $49.99." The pink scooter, which only differed in color, was priced $25 higher than the red scooter. The sponsor emphasizes that, "[a]ccording to federal Census data, women still earn 21 [percent] less than men working in similar full-time jobs. The injustice of lower wages is further compounded when we examine how everyday consumer products are commonly priced nearly 13 [percent] more when marketed to women. For products that do not differ in the labor, materials and SB 899 (Hueso) Page 9 of ? related costs of production, it is unfair to charge more based on the gender of the consumer to whom it is marketed." As a matter of public policy, by ensuring that the Gender Tax Repeal Act applies to goods, as well as services, the bill arguably aligns the express prohibitions in that Act more closely with the broader Unruh Civil Rights Act prohibitions against arbitrary discrimination on the basis of gender. Notably, any violations of this bill would not only be identical to those that are currently available under the Gender Repeal Tax Act, but they would also generally parallel any existing remedies that would be available if a gender-based price discrimination claim with respect to goods was to be brought and prevailed upon under the Unruh Civil Rights Act, today. 5. Amendment to ensure price differences would be permitted if based on labor, materials, tariffs, or other gender-neutral reasons As is true under existing law, under this bill, any price difference would have to be based on gender to be in violation of Gender Tax Repeal Act. However, whereas current law provides that any differences based specifically upon the amount of time, difficulty, or cost of providing the services are permissible, no such correlating language exists to apply to price differentials in goods based on time, difficulty, or cost of providing the goods (including, presumably, manufacturing costs). In light of this inconsistency and to address many of the concerns raised by the opposition (discussed further in Comment 6, below), the author offers the following amendment to ensure that price differences can still be based on gender-neutral factors, such as labor, materials, and tariffs: Author's amendment On page 2, after line 11, 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. 6. Opposition concerns The California Retailers Association, in opposition, asserts SB 899 (Hueso) Page 10 of ? that SB 899 is unworkable and will "inevitably result in confusion, inaccurate pricing, and increased costs to businesses in California." Specifically, the California Retailers Association raises two primary concerns that relate to: (1) issues surrounding product pricing; and (2) lack of clarity as to what constitutes "similar" products. As noted further below, the California Grocers Association, the California Chamber of Commerce, and a coalition including the New Car Dealers Association, Consumer Specialty Products Association, Grocery Manufacturers of America, TechNet, and the Toy Industry Association, have also raised similar concerns in opposition to the bill. Many of the organizations in opposition, including the Civil Justice Association of California, have also raised concerns that this bill will lead to increased litigation. Staff notes that some of the opposition letters do not reflect the March 31, 2016 amendments to this bill, but this analysis includes any arguments made in those letters that still pertain to the current bill. Notably, in response to concerns relating to the prior version of the bill, the March 31, 2016 amendments removed all of the bill's price-list provisions to address some of the prior opposition concerns. a. Product pricing The California Retailers Association writes in opposition to the bill that pricing can differ for products targeted to women for reasons relating to factors such as cost of design, development, and marketing. Specifically, the association writes that: Pricing takes into account many factors including the cost of design, development, labor, packaging, shipping, tariffs, marketing and merchandising. These costs can and do differ between products targeted for men and those targeted for women. For example, sizing, design and packaging are more significant factors in purchasing decisions for women in some product areas, particularly clothing, than they are for men. In some cases, significant costs are incurred in the design process when a product is intended primarily for women. Of course, size differences can result in significant differences in cost of material, labor, packaging, shipping and merchandising. [ . . . ] Offering customers a wide range of options is why so many sell not only national brands but have their own private label products to offer at a lower price point. Retailers also maintain loyalty programs which offer[ SB 899 (Hueso) Page 11 of ? ]frequent shoppers discounted prices that this bill does not consider. Finally, gender is not a variable that is incorporated into the pricing process. A coalition of organizations opposing the bill, including the California New Car Dealers Association, California Retailers Association, Consumer Specialty Products Association, and the Grocery Manufacturers of America, asserts that the bill "would require the supply chain in its entirety to maintain different pricing standards for California than other states and disregards the factors that result in a price difference for a product. SB 899 leaves thousands of products open to numerous threats of litigation depending on where price differences may occur. Each entity involved in the production and sale of these products would have to document and track each difference to develop a substantial defense case should price differences be challenged." To address these concerns, the author has taken an amendment, discussed in Comment 5, above, that will clearly indicate that gender-neutral reasons for price differences are not in violation of this bill. While the amendment specifically lists price differences based on labor, materials and tariffs as gender-neutral reasons, it also recognizes that there can be other gender-neutral reasons for price differences. b. Product similarity and gender stereotyping Under this bill, businesses would be prohibited from discriminating against a person, with respect to the price charged for goods of similar or like kind, because of the person's gender. Many of the opponents, including the California Grocers Association (CGA), write that the goal of the bill to create equality for products of a similar or like kind is good, but that the bill lacks clarity and would leave businesses open to civil suits. CGA argues that in contrast to goods, services of a similar or like kind "may be easy to identify," giving an example of a hair salon where "a haircut is a haircut is a haircut, regardless if the scissors are cutting a man's hair or a woman's hair. The service is the same and there is only one option at a hair salon for a 'Basic Haircuit'. In this case it is cut and dry." In contrast, CGA writes that a grocer may offer many goods that might be considered of a similar or like SB 899 (Hueso) Page 12 of ? kind "at a multitude of different prices, based on a number of different variables." For example, CGA notes razors within the same brand might have the same price for both the men's and women's razors, but have a higher price than another brand has for a similar razor-would they then be in violation of the bill? Which razor would be the basis upon which all others would be judged? CGA raises similar questions with respect to magazines and greeting cards-would they have to sell all fashion magazines at the same price where Esquire is sold for $4.99 and Cosmo for $3.99? Would all birthday cards be of "similar or like kind" regardless of the card itself? Similarly, the California Retailers Association writes in opposition because the bill "offers no guidance as to what standard measures a product's 'similarity'": In the context of the retail industry, while some items appear the same, there are often differences that may account for the price differences. Razors for example could offer additional features or be different in size. Similarity is more easily understood in connection with services such as dry cleaning a man's or woman's shirt, or providing a haircut to a woman or man. When applied to goods there are endless ambiguities. Are all shirts similar or only shirts with the same design, construction, material, place of production, branding or size? Would the method of manufacture (Hand Made in Napa Valley vs. Machine Made in China) or a "prestige" location of manufacture (ie., Made in Italy) be a factor? The bill also offers no guidance as to what goods are considered gender-specific and therefore subject to the law. For example, would a scented soap be considered a "women's product" requiring price equality amongst all other soaps including unscented soaps? Is a pink towel necessarily a "female" product? Are all black, blue, green or other dark colored towels "male" products? We are concerned about the implications of being required to gender-identify all products. This seems like a step backward in a community in which we are working to eliminate gender bias. Other opponents, including a coalition of the California New Car Dealers Association, California Retailers Association, Consumer Specialty Products Association, Grocery Manufacturers SB 899 (Hueso) Page 13 of ? of America, TechNet, and the Toy Industry Association echo these concerns, writing that even assuming that determinations could be made as to which products are considered similar and which are considered gender-specific, "SB 899 would require an unprecedented collaboration between buyers, vendors, manufacturers, and retailers. Within the complex supply chain that exists today, numerous buyers are purchasing the products making it impossible to coordinate the pricing of these goods when placed on the retail market. Furthermore, it would be virtually impossible to ensure that the retail price of a product for 'women' would be the same as a similar 'mens' product sourced by another buyer, from another vendor, in another market. SB 899, though well intentioned, could not be reasonably complied with, especially operating in a global marketplace." The California Chamber of Commerce argues that "[i]n order to avoid litigation and costly statutory penalties/damages, a retailer or grocer will essentially have two choices under this bill: (1) try to decipher between which goods are male products versus female products and price such goods that are 'similar or like kind' to the same higher amount; (2) or simply increase the price for every good that is 'similar or like kind' to the same higher amount. Neither of these options are beneficial to the consumer." The Chamber also argues that it is not necessarily easy to identify certain products as male versus female and that it would in fact be harmful to identify toys as girl versus boy, pointing to a study that warns "such gender stereotyping encourages the notion that boys and girls are different and 'lies at the core of many of our social processes of inequality.'" The Chamber argues that this bill will force retailers and grocers back into gender stereotyping in order to make sure they do not charge a consumer a higher price for a female product versus a male product of a similar or like kind. In response to these concerns, the author offers the following amendments to clarify that businesses are prohibited from discriminating with respect to the price charged for goods of a substantially similar (instead of similar) or like kind, and provides a definition for what might constitute "substantially similar" goods. Author's amendments SB 899 (Hueso) Page 14 of ? On page 2, line 5, strike "(b)" and insert "(b)(1)" On page 2, line 6, strike "goods or" On page 2, after line 8, 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." On page 2, line 9, strike "in subdivision (b)" and insert "in paragraph (1) of subdivision (b)" On page 2, before line 12, insert "(e) (1) For purposes of subdivision (b)(2), goods may be of a substantially similar or like kind if the goods: (A) Share the same brand; (B) Share the same functional components; and (C) Share 90% of the same materials or ingredients. (2) "Goods" shall not include any food product as defined by 12502 of the Food and Agricultural Code." On page 2, line 12, renumber "(d)" to "(f)" and strike "subdivision (f)" and insert "subdivision (h)" On page 2, line 17, renumber "(e)" to "(g)" On page 2, line 20, renumber "(f)" to "(h)" As such, using the example of razors raised by both the CGA and the California Retailers Association, a consumer should be able to rely on the fact that, under this bill, a package of blue razors and a package of pink razors that both are of the same brand, disposable, containing twin blades, and sold in the same physical packaging, in the same amount (e.g., 12 to a pack), will share the same base price at the same store. However, if the same company sells razors under the same brand, with the same twin blade features, but with a special grip handle made of steel as opposed to plastic, the consumer could feasibly be charged a higher price as those goods are not "substantially similar." Similarly, even where the brand and functional components of two similar "goods" are the same, and 90 percent of the materials are the same, if five percent of the materials are of a material or ingredient so expensive (such as gold), then the products would not be considered "substantially similar" under these amendments and the SB 899 (Hueso) Page 15 of ? amendment taken under Comment 5 (allowing for price differences based on gender-neutral reasons, such as materials). These amendments also clarify that otherwise similar razors of different brands would not have to be price matched. Lastly, in response to arguments that the bill would lead to harmful gender stereotyping or that this bill will lead to costly litigation, the author responds: Retailers and Grocery stores are already engaging in the gender stereotyping of goods. Products that are substantially similar to each other are often labeled for men or for women. The very problem we are trying to address is when they charge more from one product or the other when they are substantially similar. If the products were not gendered to begin with, then there would be no price differences between similar products and there would be no cause of action to bring. [Furthermore, t]he Gender Tax Repeal Act has not resulted in numerous frivolous lawsuits. The one example the opposition sites, Reese v. Wal-Mart, was dismissed by the court. Remedies are limited to triple the costs of the damages, and no less than 4,000 dollars. In addition, theoretically the Unruh Civil Rights Act already prohibits gender pricing discrimination for goods. When the Gender Tax Repeal Act of 1995 passed, the California Supreme Court had already recognized by 1987 in Koire, 40 Cal.3d 24, that the Unruh Civil Rights Act prohibited gender pricing in services. Despite the court ruling, gender price discrimination was still prominent across the service industry. The 1995 act was intended to send a clear message that gender based pricing is prohibited. This bill would send an equally clear message that the Unruh Civil Rights Act prohibits gender price discrimination for consumer goods. Support : American Civil Liberties Union of California; California Alliance for Retired Americans; California Immigrant Policy Center; California Public Interest Research Group (CALPIRG); California Rural Legal Assistance Foundation; Consumers for Auto Reliability and Safety; Equal Rights Advocates; Let Toys Be Toys; Mujeres Unidas y Activas; Older SB 899 (Hueso) Page 16 of ? Women's League (OWL) Sacramento Capitol; Planned Parenthood Affiliates of California; UDW/AFSCME Local 3930; Women's Foundation of California; two professors Opposition : California Chamber of Commerce; California Grocers Association; California New Car Dealers Association; California Retailers Association; Civil Justice Association of California; Consumer Specialty Products Association; Grocery Manufacturers of America; TechNet; Toy Industry Association HISTORY Source : Consumer Federation of California Related Pending Legislation : None Known Prior Legislation : AB 1088 (Jackson, Ch. 312, Stats. 2001) See Background. AB 1100 (Speier, Ch. 866, Stats. 1995) See Background and Comment 3. AB 2418 (Speier, Stats. 1994) See Background and Comment 3. SB 1288 (Calderon, Ch. 535, 1994): (1) directed the Department of Consumer Affairs (DCA) to provide notices to licensed barbers and cosmetologists to remind them that the Unruh Civil Rights Act prohibits gender-based pricing practices; (2) required DCA to prepare a summary of gender price discrimination-related complaints received by its licensing boards; (3) required DCA to make available to the public consumer information on gender-based pricing; and (4) quadrupled the minimum amount of punitive damages awardable to a plaintiff in a claim under the Unruh Civil Rights Act. **************