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AB-1576 Gender discrimination: pricing: goods.(2017-2018)



Current Version: 05/03/17 - Amended Assembly        


AB1576:v97#DOCUMENT

Amended  IN  Assembly  May 03, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1576


Introduced by Assembly Member Levine

February 17, 2017


An act to add amend Section 51.14 to 51.6 of the Civil Code, relating to discrimination.


LEGISLATIVE COUNSEL'S DIGEST


AB 1576, as amended, Levine. Gender discrimination: pricing: goods.
Existing law, the Gender Tax Repeal Act of 1995, prohibits a business establishment from discriminating on the basis of gender with respect to the price charged for services of similar or like kind. Existing law excepts from this prohibition price differences based specifically upon the amount of time, difficulty, or cost of providing the services.
This bill would enact the Gender Price Discrimination Act. The bill would amend the Gender Tax Repeal Act of 1995 to additionally prohibit a business from discriminating with respect to the price charged for the same, or substantially similar, goods because of the gender of the targeted user of the good, as specified. The bill would authorize specifically the Attorney General, a district attorney, or a city attorney to prosecute a civil action for preventive relief for a violation of this prohibition. the Gender Tax Repeal Act of 1995.
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) (A) No business establishment of any kind whatsoever may discriminate, with respect to the price charged for goods of a substantially similar or like kind, because of the gender of the targeted user of the good. A good is targeted to a user of a particular gender if the good is designed or intended to be used by, or appeal to, a consumer of the good based on his or her gender as evidenced by either of the following:
(i) The content of any marketing materials, advertising materials, or packaging would suggest to a reasonable person that the product is targeted to a specific gender.
(ii) The business establishment placed the product in a location that was labeled for a specific gender.
(B) For the purposes of this paragraph, goods are of a substantially similar or like kind if the goods meet all of the following conditions:
(i) Share the same brand, kind, and quality.
(ii) Share the same functional components.
(iii) Share substantially the same materials or ingredients.
(c) (1) Nothing in paragraph (1) of subdivision (b) prohibits price differences based specifically upon the amount of time, difficulty, or cost of providing the services.
(2) Nothing in paragraph (2) of subdivision (b) prohibits:
(A) Price differences based on gender-neutral factors, including, but not limited to, labor, materials, tariffs, or inventory management.
(B) A retail establishment from passing through a price to the consumer that is set by a manufacturer, distributor, wholesaler, or other entity that the retailer cannot control.
(d) Except as provided in subdivision (f), the remedies for a violation of this section are the remedies provided in subdivision (a) or (c) 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.Section 51.14 is added to the Civil Code, to read:
51.14.

(a)This section shall be known, and may be cited, as the Gender Price Discrimination Act.

(b)A business shall not discriminate with respect to the price charged for the same, or substantially similar, goods because of the gender of the targeted user of the good. A good is targeted to a user of a particular gender if the good is designed or intended to be used by, or appeal to, a consumer based on his or her gender as evidenced by either of the following:

(1)The content of marketing materials, advertising, or packaging would suggest to a reasonable person that the product is targeted to a specific gender.

(2)The business placed the product in a location that was labeled for a specific gender.

(c)A violation of subdivision (b) may be prosecuted only by the Attorney General, a district attorney, or a city attorney by a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct.

(d)An action brought under this section is independent of any other remedy or procedure that may be available to an aggrieved party.