Federally none :
The Equal protection clause of the 14th amendment doesn't apply to private businesses and the discrimination clause of the Civil Rights Act of 1964 - Title II doesn't include sex as a protected category :
42 U.S.C. §2000a (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination on the ground of race, color, religion, or national origin.
The only gender discrimination statutes are to be found for employment in Title VII of the 1964 CRA
There was an attempt to outlaw it federally, but it died in the last congress
This is then delegated to the states to legislate on it :
California voted SB-899 into law adding :
(2) No business establishment of any kind whatsoever may discriminate, with respect to the price charged for goods of a substantially similar or like kind, against a person because of the person’s gender.
to California's civil code, outlawing such price discrimination
The remedies are stated in CA Civ Code 52
(a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney's fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.
Back in 2020, the New York state legislature passed General Business Law §391-u, banning the practice, nevertheless allowing narrow exceptions :
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.
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.
The remedies are an application by the NY AJ to a New York state court, even if nobody got impacted by the discrimination
without requiring proof that any person has, in fact, been injured or damaged
For a max penalty of US$250 on the first offense and US$500 on subsequent offenses
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
Miami-Dade County, FL is another jurisdiction outlawing the practice, having issued the gendered price discrimination ordinance back in May, 1997 :
No seller of a good or service shall charge a customer a different price for a good or service based solely on the customer's gender or the gender of the beneficiary of the good or service.
a) Any person who suffers a loss as result of a violation of any provision of this article may, in addition to any other available remedy, recover compensatory damages, attorney's fees and court costs from the person committing the violation.
(b) Any person who proves the violation of any provision of this article occurred willfully or in bad faith shall recover from the person committing the violation as compensatory damages threefold the actual damages sustained or two hundred dollars ($200.00), whichever is greater, in addition to any other recovery available under law or this article.
