BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 899|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 899
Author: Hueso (D), et al.
Amended: 4/19/16
Vote: 21
SENATE JUDICIARY COMMITTEE: 5-1, 4/12/16
AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski
NOES: Moorlach
NO VOTE RECORDED: Anderson
SUBJECT: Gender discrimination
SOURCE: Consumer Federation of California
DIGEST: This bill extends the Gender Repeal Tax Act's
prohibitions against gender-based price discrimination to goods
of a substantially similar or like kind, as specified. This
bill clarifies that it does not prohibit price differences based
specifically on the labor, materials, tariffs, or other
gender-neutral reasons for having increased cost for providing
the goods.
ANALYSIS:
Existing law:
1)Provides, under the Unruh Civil Rights Act, that all persons
in California are free and equal, and regardless of a person's
SB 899
Page 2
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.
2)Provides, under the Gender Tax Repeal Act, 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.
Provides that this does not, however, prohibit price
differences based specifically upon the amount of time,
difficulty, or cost of providing the services.
3)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.
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.
4)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 generally
available for an Unruh Civil Rights Act violation, described
below. Any action under the Gender Tax Repeal Act, however,
is independent of any other remedy or procedure that may be
available to an aggrieved party.
5)Provides, in relevant part, 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
SB 899
Page 3
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.
This bill:
1)Adds to the Gender Tax Repeal Act that 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.
2)Provides that nothing in the above prohibits price differences
based specifically on the labor, materials, tariffs, or other
gender-neutral reasons for having increased cost for providing
the goods.
3)Provides that, for these purposes, goods may be of a
substantially similar or like kind if the goods do all of the
following:
Share the same brand;
Share the same functional components; and
Share 90% of the same materials or ingredients.
1)Provides that "goods" shall not include any food as defined by
Section 12502 of the Food and Agricultural Code.
Background
California law, the Unruh Civil Rights Act, prohibits business
establishments from discriminating against any individual on the
SB 899
Page 4
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, Chapter 866, Statutes
of 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, Chapter 312, Statutes of 2001) added provisions to the
Gender Tax Repeal Act that require specified business
establishments, 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 now amends the Gender Tax Repeal Act to expressly
apply its prohibition against gender-based price discrimination
to goods.
Comments
As stated by 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.
SB 899
Page 5
This bill extends protections against gender pricing for
services, as specified under the Gender Tax Repeal Act, to
consumer goods [ . . . ] .
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/20/16)
Consumer Federation of California (source)
Congresswoman Jackie Speier
American Civil Liberties Union of California
California Alliance for Retired Americans
California Immigrant Policy Center
California National Organization for Women
California Public Interest Research Group
California Rural Legal Assistance Foundation
Consumers for Auto Reliability and Safety
Equal Rights Advocates
Let Toys Be Toys
Mujeres Unidas y Activas
Older Women's League Sacramento Capitol
Planned Parenthood Affiliates of California
Santa Barbara Women's Political Action Committee
UDW/AFSCME Local 3930
Women's Foundation of California
two individuals
OPPOSITION: (Verified4/20/16)
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
Southwest California Legislative Council
TechNet
SB 899
Page 6
Toy Industry Association
Prepared by:Ronak Daylami / JUD. / (916) 651-4113
4/20/16 16:06:03
**** END ****