1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 26: Miscellaneous


Section 391-U Pricing goods and services on the basis of gender prohibited

General Business (GBS)

Pricing goods and services on the basis of gender prohibited. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings:

  (a) "Business" shall mean any business acting within the state of New York that sells goods to any individual or entity including, but not limited to, retailers, suppliers, manufacturers, or distributors;

  (b) "Goods" shall mean any consumer product used, bought or rendered primarily for personal, family or household purposes;

  (c) "Services" shall mean any consumer services used, bought or rendered primarily for personal, family or household purposes;

  (d) "Substantially similar" shall mean:

  (i) two goods that exhibit no substantial differences in: (A) the materials used in production; (B) the intended use of the good; (C) the functional design and features of the good; and (D) the brand of the good; or

  (ii) two services that exhibit no substantial difference in: (A) the amount of time to provide the services; (B) the difficulty in providing the services; and (C) the cost of providing the services. A difference in coloring among any good shall not be construed as a substantial difference for the purposes of this paragraph.

  2. No person, firm, partnership, company, corporation, or business shall charge a price for any two goods that are substantially similar, if such goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended.

  3. No person, firm, partnership, company, corporation or business shall charge a price for any services that are substantially similar if such services are priced differently based upon the gender of the individuals for whom the services are performed, offered, or marketed.

  4. Nothing in this section prohibits price differences in goods or services based specifically upon the following:

  (a) the amount of time it took to manufacture such goods or provide such services;

  (b) the difficulty in manufacturing such goods or offering such services;

  (c) the cost incurred in manufacturing such goods or offering such services;

  (d) the labor used in manufacturing such goods or providing such services;

  (e) the materials used in manufacturing such goods or providing such services; or

  (f) any other gender-neutral reason for having increased the cost of such goods or services.

  5. Any person, firm, partnership, company, corporation, or business that provides services, as defined by this section, shall provide the customer with a complete written price list upon request.

  6. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations. If it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining or restraining any violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding the court may make allowances to the attorney general as provided in section eighty-three hundred three of the civil practice law and rules, and may make direct restitution. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty not to exceed two hundred fifty dollars for a first violation, and a civil penalty not to exceed five hundred dollars for each subsequent violation. For the purposes of this section, all identical items priced on the basis of gender shall be considered a single violation.

  * NB There are 2 § 391-u's

  * NB Effective September 30, 2020