2023 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