New Jersey A 3736: Prohibits gender-based price discrimination.

Bill Text

A3736 

ASSEMBLY, No. 3736 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ALIXON COLLAZOS-GILL

District 27 (Essex and Passaic)

Assemblywoman CARMEN THERESA MORALES

District 34 (Essex)

SYNOPSIS

���� Prohibits gender-based price discrimination.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

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.� It shall be an 
unlawful practice for any person to:

���� (1)�� discriminate based on 
gender with regard to the price charged for merchandise offered for sale; or 

���� (2)�� 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.

���� b.��� The provisions of 
subsection a. 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.

���� c.���� (1)� 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 shall clearly and conspicuously disclose to consumers in 
writing the pricing for each standard service provided. 

���� (2)�� The pricing shall be 
posted in a conspicuous place on the premises in a location which can be seen 
easily by consumers. �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 this subsection.

���� (3)�� A person subject to the 
requirements of this subsection shall provide a consumer with a complete 
written price list upon request, and may provide the list electronically. 

���� (4)�� A person subject to the 
requirements of this subsection shall display in a conspicuous place on the 
premises in a location which can be seen easily by consumers 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.�

���� (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.

���� e.���� For the purposes of 
this section:

���� (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.

���� 3.��� 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