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SB-320 Gender: discrimination: pricing.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
SB320:v98#DOCUMENT

Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 320


Introduced by Senator Jackson

February 15, 2019


An act relating to civil law. to amend Section 51.6 of the Civil Code, relating to civil rights.


LEGISLATIVE COUNSEL'S DIGEST


SB 320, as amended, Jackson. Civil law. Gender: discrimination: pricing.
Existing law, the Gender Tax Repeal Act of 1995, 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 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.
This bill would also prohibit a business establishment from discriminating against a person because of a person’s gender with respect to the price charged for goods of a substantially similar or like kind.

Existing law encompasses provisions pertaining to the civil law of the state, including laws concerning persons, property, and obligations, among other subjects. Existing law authorizes individuals, under various circumstances, to enforce those laws by bringing a civil action.

This bill would state the intent of the Legislature to enact legislation that would relate to civil actions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) (1) 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.
(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.
(c) Nothing in subdivision (b) prohibits price differences based specifically upon the amount of time, difficulty, or cost of providing the services.
(d) Except as provided in subdivision (f), 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.
(e) 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.
(f) (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.

SECTION 1.

It is the intent of the Legislature to enact legislation that would relate to civil actions.