Law Prohibits Hairs Salons,
Tailors, Dry Cleaners and Others
from Having Gender Discrimination Prices. Prices Must Be Posted
10/16/05
Dear
Mr.
Duman:
I am fond
of
my dry cleaner. I would not like to see
him get into trouble.
I have
told
him that it was my understanding that the law that regulates the
pricing
practices of dry-cleaners requires him to post his prices.
He does
not
believe me. Am I correct?
K.
S., Oakland
Dear
K. S.:
You are
correct.
The law to
which you refer is the “Gender Tax Repeal Act of 1995”, codified within
California Civil Code Section 51.6.
This law applies specifically to
barbers, hair salons, tailors, dry-cleaners, and laundry service
providers.
The statute
requires the affected businesses to “clearly and conspicuously disclose
to the
customer, in writing, ...the pricing of every standard service offered
by the
business...”. ("standard service" is defined under the statute, to mean the fifteen most frequently
requested services provided by the business).
In order to
be comply with the statute’s “clear and conspicuous” requirement, the
required
price list must be posted in “no less than 14-point boldface type”. Also, the following statement must also be
conspicuously displayed in no less than 24-point boldface type as part
of at
least one clearly visible sign posted at the business:
"CALIFORNIA
LAW PROHIBITS ANY BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH
RESPECT TO
THE PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A
PERSON
BECAUSE OF THE PERSON'S GENDER. A
COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."
It should be
noted that affected businesses may charge different prices “based
specifically
upon the amount of time, difficulty, or cost of providing the
services”,
although the statute implicitly obligates affected business owners to
apply
their pricing in a consistent manner not based merely on gender.
The penalty
for affected business establishments that fail to correct a violation
of the
statute within thirty days of receiving written notice of the
violation, can
include a fine of one thousand dollars ($1,000). An additional
statutory
penalty may also be levied, in an amount of “no less than four thousand
dollars
($4,000).
Moreover, the
statute provides that its remedies are to be deemed independent of any
other
remedy that may be available to an aggrieved party.
Our readers,
with questions regarding this law or any related topics, should be
address them
directly to their own lawyer.
FD764 10/7/05
4\column\gender3.dsc
Readers may address their
questions to The Real Estate
Lawyer, Fred M. Duman, 2807 Castro Valley Boulevard, Castro Valley, California
94546. Mr. Duman will answer those of
general
interest in his column. He reserves the
right to edit the letter for brevity and clarity.
Each real estate problem
usually has its own distinct
circumstances, and frequently is more complicated than realized by a
layperson. Readers are also encouraged
to consult with their own lawyers to obtain guidance concerning their
problems
when they first arise.
Readers are cautioned that
these answers are not intended
to be the basis for any action or reliance by the reader.
You are welcome to
visit our web site at “www.dumanlaw.com”.
© 2005, Fred M. Duman All Rights Reserved. Please see our disclaimer.
Back to Newspaper Columns
