Assembly Bill A8304

2019-2020 Legislative Session

Prohibits businesses from charging a price for services on the basis of gender

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A8304 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L

2019-A8304 (ACTIVE) - Summary

Prohibits any business from charging a price for services of a substantially similar or like kind on the basis of a person's gender.

2019-A8304 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8304
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   businesses from charging a price for services on the basis of gender
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. CHARGING A PRICE FOR SERVICES ON THE BASIS OF GENDER  PROHIB-
 ITED. 1. (A) NO BUSINESS SHALL CHARGE A PRICE FOR SERVICES OF A SUBSTAN-
 TIALLY SIMILAR OR LIKE KIND ON THE BASIS OF A PERSON'S GENDER.
   (B)  FOR  THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION, "SUBSTAN-
 TIALLY SIMILAR OR LIKE KIND" SHALL BE INTERPRETED TO MEAN SUCH SERVICES:
   (I) SHARE THE SAME TYPE OF LABOR;
   (II) ARE WITHIN TEN PERCENT OF THE SAME AMOUNT OF LABOR REQUIRED; AND
   (III) REQUIRE THE SAME EQUIPMENT.
   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT:
   (A) PRICE DIFFERENCES BASED  SPECIFICALLY  ON  THE  LABOR,  MATERIALS,
 TARIFFS,  OR  OTHER GENDER-NEUTRAL REASONS FOR HAVING INCREASED COST FOR
 PROVIDING SUCH SERVICES; OR
   (B) A SERVICE PROVIDER FROM PASSING THROUGH A PRICE  TO  THE  CONSUMER
 THAT  IS  SET  BY  A  MANUFACTURER,  DISTRIBUTOR, OR OTHER ENTITY THAT A
 SERVICE PROVIDER CANNOT CONTROL.
   3. ANY BUSINESS THAT VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL,
 UPON  A  DETERMINATION THEREOF, PAY A CIVIL PENALTY OF NOT MORE THAN TWO
 HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND  FOR  EACH  SUCCEEDING
 VIOLATION  A  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.  FOR
 THE PURPOSE OF THIS SECTION, ALL IDENTICAL SERVICES PRICED ON THE  BASIS
 OF GENDER SHALL BE CONSIDERED A SINGLE VIOLATION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13293-01-9

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