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AB-1084 Gender neutral retail departments.(2021-2022)

Current Version: 10/09/21 - Chaptered Compare Versions information image


 Part 2.57 (commencing with Section 55.7) is added to Division 1 of the Civil Code, to read:

PART 2.57. Gender Neutral Retail Departments

 The Legislature finds and declares both of the following:
(a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor.
(b) Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.
 (a) A retail department store that offers childcare items, children’s clothing,  items  or toys for sale shall maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items, articles,  items  and toys for children that  it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys.
(b) This section shall apply only to retail department stores with  that are physically located in California that have a total of  500 or more employees. employees across all California retail department store locations. This section shall not apply to retail department stores that are physically located outside California. 
(c) Beginning on January 1, 2024, a retail department store that fails to correct a violation of this section within 30 days of receiving written notice of the violation from the Attorney General is liable for a civil penalty of one thousand dollars ($1,000)  comply with this section is liable for a civil penalty, not to exceed two hundred fifty dollars ($250) for a first violation or five hundred dollars ($500) for a subsequent violation,  which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General  General, or a district attorney or city attorney,  in any court of competent jurisdiction. If the Attorney General, district attorney, or city attorney prevails in an action under this subdivision, the court shall award to the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs. 
(d) For purposes of this section:
(1) “Childcare item” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
(2) “Children” means persons 12 years of age or less.  
(3) “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric.
(4) (3)  “Toy” means a product designed or intended by the manufacturer to be used by children when they play.