Bill Text: CA SB899 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Gender discrimination: pricing.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB899 Detail]

Download: California-2015-SB899-Introduced.html

---

BILL NUMBER: SB 899	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hueso
   (Principal coauthor: Assembly Member Gonzalez)

                        JANUARY 21, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 899, as introduced, Hueso. Gender discrimination.
   Existing law 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.
Existing law also requires specified business establishments to
disclose in writing the pricing for each standard service, as
defined, to display, in a specified manner, a sign stating that it is
illegal to base pricing on gender and that a complete price list is
available upon request, and to display, in a specified manner, a
price list, and to provide the customer with a copy of the complete
price list upon request.
   This bill would prohibit this discrimination with respect to the
price charged for goods. The bill would add retailers and grocery
stores to the list of specified business establishments that are
required to disclose their prices in writing. The bill would make a
corresponding change to the sign these establishments must display.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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) No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for  goods or
 services of 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  and good  provided:
   (A) Tailors or businesses providing aftermarket clothing
alterations.
   (B) Barbers or hair salons.
   (C) Dry cleaners and laundries providing services to individuals.

   (D) Retailers.  
   (E) Grocery stores. 
   (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  or good  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  GOODS OR  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.