Gender Neutral Retail Departments - Persons - Civil Law - CA

Section § 55.7

This law is about how stores display products for boys and girls. It states that if stores show similar products for both genders together in one place, it's easier for shoppers to compare them. Keeping these products apart suggests that a product is only meant for one gender, which isn't right.

The Legislature finds and declares both of the following:

(a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor.

(b) Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate.

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Section § 55.8

This law requires large retail department stores in California to have a gender-neutral section for children's toys and childcare items. This means there should be an area where these items are displayed without being categorized for just boys or girls. It applies to stores with 500 or more employees within the state. If stores don't comply by January 1, 2024, they can be fined up to $250 for a first offense and $500 for further offenses. The fines can be collected through legal action by the state's Attorney General or other legal authorities. The law includes a definition of childcare items and toys, specifying they are for children 12 years old or younger.

(a) A retail department store that offers childcare items or toys for sale shall maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys.

(b) This section shall apply only to retail department stores that are physically located in California that have a total of 500 or more employees across all California retail department store locations. This section shall not apply to retail department stores that are physically located outside California.

(c) Beginning on January 1, 2024, a retail department store that fails to comply with this section is liable for a civil penalty, not to exceed two hundred fifty dollars ($250) for a first violation or five hundred dollars ($500) for a subsequent violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney or city attorney, in any court of competent jurisdiction. If the Attorney General, district attorney, or city attorney prevails in an action under this subdivision, the court shall award to the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs.

(d) For purposes of this section:

(1) “Childcare item” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

(2) “Children” means persons 12 years of age or less.

(3) “Toy” means a product designed or intended by the manufacturer to be used by children when they play.

gender neutral section retail department stores childcare items ...