Bill Text: NY A08304 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A08304 Detail]

Download: New_York-2019-A08304-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8304

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Charging a price for services on the basis of gender  prohib-
     4  ited. 1. (a) No business shall charge a price for services of a substan-
     5  tially similar or like kind on the basis of a person's gender.
     6    (b)  For  the purposes of paragraph (a) of this subdivision, "substan-
     7  tially similar or like kind" shall be interpreted to mean such services:
     8    (i) share the same type of labor;
     9    (ii) are within ten percent of the same amount of labor required; and
    10    (iii) require the same equipment.
    11    2. Nothing in subdivision one of this section shall prohibit:
    12    (a) price differences based  specifically  on  the  labor,  materials,
    13  tariffs,  or  other gender-neutral reasons for having increased cost for
    14  providing such services; or
    15    (b) a service provider from passing through a price  to  the  consumer
    16  that  is  set  by  a  manufacturer,  distributor, or other entity that a
    17  service provider cannot control.
    18    3. Any business that violates the provisions of  this  section  shall,
    19  upon  a  determination thereof, pay a civil penalty of not more than two
    20  hundred fifty dollars for the first violation and  for  each  succeeding
    21  violation  a  civil  penalty of not more than five hundred dollars.  For
    22  the purpose of this section, all identical services priced on the  basis
    23  of gender shall be considered a single violation.
    24    § 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