S T A T E O F N E W Y O R K
________________________________________________________________________
1024
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the executive law, in relation to prohibiting price
differences for the same service based upon gender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 20 of section 296 of the executive law, as
renumbered by chapter 204 of the laws of 1996, is renumbered subdivision
21 and a new subdivision 20 is added to read as follows:
20. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY
PERSON, FIRM OR CORPORATION TO CHARGE A DIFFERENT FEE OR PRICE FOR THE
SAME SERVICE BASED SOLELY UPON THE GENDER OF THE RECIPIENT. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A DIFFERENT PRICE OR FEE
FOR SIMILAR SERVICES FOR MEN AND WOMEN IF THE SERVICE IS MORE DIFFICULT
OR MORE COSTLY. THIS SUBDIVISION APPLIES ONLY TO SERVICES AND DOES NOT
INCLUDE PRODUCTS.
(B) ANY PERSON, FIRM OR CORPORATION FOUND TO HAVE VIOLATED THE
PROVISIONS OF THIS SUBDIVISION SHALL PAY A FINE OF ONE THOUSAND DOLLARS
OR AN AMOUNT UP TO THREE TIMES THE ACTUAL DAMAGES AND LEGAL FEES, WHICH-
EVER IS GREATER.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06807-01-9