[First Reprint]

SENATE, No. 2039

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 


 

Sponsored by:

Senator  NIA H. GILL

District 34 (Essex and Passaic)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  NELLIE POU

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Senators Addiego, Corrado, Cruz-Perez, Cunningham, Ruiz, Turner and Weinberg

 

 

 

 

SYNOPSIS

     Prohibits gender-based price discrimination.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on March 25, 2021.

  


An Act concerning gender-based price discrimination and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the “Prohibition Against Gender-Based Pricing Discrimination Act.”

 

     2.    a.  1[A business shall not] It shall be an unlawful practice for any person to:

     (1)1 discriminate based on gender with regard to the price charged for 1[a service] merchandise1 offered 1[by the business.

     b.    A business shall not] for sale; or

     (2)1 charge different prices for any two consumer products from the same manufacturer that are substantially similar, if those products are priced differently solely based on the gender of the individuals for whom the products are intended or marketed. For purposes of this subsection, two products are substantially similar if there are no significant differences in the materials used in the products, the function of the products, and the functional design or features of the products. A difference in color or packaging among consumer products shall not, by itself, be construed as a substantial difference.

     1[c.] b.1     The provisions of subsection a. 1[and b.]1 of this section shall not be construed to prohibit price differences based upon labor, materials, tariffs, or any other gender-neutral reason, including when a retail establishment passes through a price to the consumer that is set by a manufacturer, distributor, or other entity that is beyond the retailer’s control.

     1[d.] c.1     (1)  1[The following businesses] Any person who offers or provides tailoring or wearing apparel alteration services, cosmetology and hairstyling services, or clothes laundering or dry cleaning services to consumers1 shall clearly and conspicuously disclose to 1[the customer] consumers1 in writing the pricing for each standard service provided 1[: tailors or other businesses providing aftermarket clothing alterations; barbers or hair salons; and dry cleaners and laundries providing services to individuals]1.

     (2)   The pricing shall be posted in 1[an area] a1 conspicuous 1[to customers] place on the premises in a location which can be seen easily by consumers1. Posted price lists shall be in no less than 14-point boldface type and clearly and completely display pricing for every standard service offered by the business as required by 1[paragraph (1) of]1 this subsection.

     (3)   A 1[business] person subject to the requirements of this subsection1 shall provide a 1[customer] consumer1 with a complete written price list upon request.

     (4)   1[The business] A person subject to the requirements of this subsection1 shall display in a conspicuous place 1on the premises in  a location which can be seen easily by consumers1 at least one clearly visible sign, printed in no less than 24-point boldface type, which reads: “NEW JERSEY LAW PROHIBITS ANY 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. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST.”

     1(5) It shall be an unlawful practice for any person who offers or provides tailoring or wearing apparel alteration services, cosmetology and hairstyling services, or clothes laundering or dry cleaning services to consumers to violate the requirements of this subsection.

     d.  This section is not intended to provide an exclusive remedy for discrimination based on gender with regard to the price charged for merchandise offered for sale, and nothing in this section shall be construed to bar, exclude, or otherwise affect any right or action, including, but not limited to, any action that may arise under the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.), that may exist in addition to or independently of any right to redress against or specific relief for any practice that violates the provisions of this section.1

     e.     For the purposes of this section 1[, “business" means a sole proprietorship, partnership, corporation, association, or other entity, however organized and whether or not organized to operate at a profit, that offers services and products to New Jersey consumers] :

     (1) “gender” means a person’s sex, gender identity, and gender expression;

     (2) “gender identity” means a person’s internal, deeply held knowledge or sense of their own gender, regardless of the gender they were assigned at birth; and

     (3) “gender expression” means a person’s gender-related appearance and behavior, whether or not stereotypically associated with the person’s assigned gender at birth, including, but not limited to, the manner in which a person represents or expresses their gender to others, such as through their name, pronouns, titles, clothing, hairstyle, voice, or mannerisms.1

 

     3.    1[A violation of the provisions of section 2 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill) is an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.)] The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act. Prior to the adoption of rules and regulations, and as necessary thereafter, the Director may develop and issue guidance as the Director deems necessary for the implementation of this act1.

 

     4.    This act shall take effect on the first day of the fourth month next following the date of enactment.