Bill Text: CA AB1576 | 2017-2018 | Regular Session | Amended
Bill Title: Modeling agencies: licensure: models: employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1576 Detail]
Download: California-2017-AB1576-Amended.html
Amended
IN
Assembly
January 08, 2018 |
Amended
IN
Assembly
May 03, 2017 |
Amended
IN
Assembly
March 21, 2017 |
Assembly Bill | No. 1576 |
Introduced by Assembly Member Levine |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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 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 the Gender Tax Repeal Act of 1995.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6 (commencing with Section 1707) is added to Part 6 of Division 2 of the Labor Code, to read:CHAPTER 6. Modeling Agencies
1707.
(a) Professional fashion models face pervasive and hazardous occupational demands to maintain extreme and unhealthy thinness. These occupational pressures create a dangerous work environment. Models experience a substantially elevated risk of eating disorders and other severe health problems associated with starvation.1707.1.
For purposes of this chapter, the following definitions shall apply:1707.2.
(a) The Labor Commissioner shall approve a sexual harassment prevention and health standards training program and post on her or his Internet Web site a list of vendors who provide sexual harassment prevention and health standards training under this section. The Labor Commissioner may approve different programs specifically designed to meet the purposes of subdivisions (b) and (c). An approved sexual harassment prevention and health standards training program shall include but not be limited to the following:1707.3.
A person shall not engage in or carry on the occupation of a modeling agency without first procuring a license under Chapter 4 (commencing with Section 1700).1707.4.
(a) The Occupational Safety and Health Standards Board shall, no later than June 30, 2019, and in consultation with accredited specialists in the prevention and treatment of eating disorders, adopt an occupational safety and health standard for models, with an operative date of July 1, 2020, to be fully complied with by December 31, 2020. The standard shall apply to services provided in California by models under this chapter and Chapter 4 (commencing with Section 1700). The Occupational Safety and Health Standards Board may update these standards from time to time as it deems necessary.(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.