NY Gen Bus L § 391-U (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 391-U - Pricing Goods and Services on the Basis of Gender Prohibited.

* §  391-u.  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