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New Jersey Moves to Ban Gender-Based Price Discrimination

Oct 25, 2021 | Written by: Tracy B. Bussel, Esq. |

Awaiting approval by Governor Murphy, after passing unanimously in the NJ Senate, is a Bill that would prohibit gender-based price discrimination. Such practice is commonly called the “pink tax” or “gender tax,” as “gender-based discrimination occurs when products and services marketed and intended for use by girls and women are priced higher than comparable products and services for boys and men.”

The Act, “Prohibition Against Gender-Based Pricing Discrimination Act,” would make it unlawful to discriminate based upon one’s gender with respect to the price charged for services or merchandise. The act would also require the following businesses to “clearly and conspicuously disclose to the customer in writing the pricing for each standard service provided: tailors or other businesses providing aftermarket clothing alterations; barbers or hair salons; and dry cleaners and laundries providing services to individuals.” The Act would further require that pricing be posted in a conspicuous area so customers can be aware of such, and a business would be required to provide “a customer with a complete written price list upon request.”

The Act would be one of the most recent ways in which New Jersey seeks to bridge gender-based inequality.



Tracy B. Bussel, Esq., is a partner at Gebhardt & Kiefer, PC, and practices primarily in the areas of employment law, civil rights litigation, general liability, insurance defense, and the representation of public entities.  Contact Ms. Bussel at 908-735-5161 or via email.

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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.