Gender-based price discrimination in the United States

Gender-based price discrimination is a form of economic discrimination that occurs when one gender is charged a different price than another gender for identical goods or services. Race and class-based price discrimination also exists. Acts of discrimination often have legal ramifications, but a study of gender-based price discrimination first looks at gendered price disparities. From there, the question of whether gendered price disparities prove an intent to discriminate or constitute illegal discrimination can become a legal inquiry that is developed by examining the law of the applicable jurisdiction. Gender-based price discrimination is typically disapproved of, but not universally. In the United States, a few states have adopted statutes forbidding gender-based price discrimination, but these policies are largely unenforced.

Typically, price disparities negatively affect women more often than men. For example, a study by the New York City Department of Consumer Affairs found that, on average, women's products cost seven percent more than similar products for men. Gender-based pricing exists in many industries, including insurance, dry cleaning, hairdressing, nightclubs, clothing, and personal care products. The legality of gender-based price discrimination in matching markets has been of debate in the United States and European Union since the 1990s. The debate is centered around whether gender-based pricing is a form of gender discrimination. In other words, instead of prices being based on a market-based analysis of the effects on competition, gender-based pricing may instead reinforce negative stereotypes about both women and men in matching markets.

Gender-based price disparities have been found in personal care products, retail sales, and consumer service prices. They also exist in the pricing of insurance, such as health insurance and car insurance. Other studies suggest that gender-based price disparities often occur when negotiating and purchasing new cars.

Discount prices based on gender may also be a type of gender-based price discrimination. A common gender-based price discount is a "Ladies' night" promotion, in which female patrons pay less for alcoholic drinks or a lower cover charge than male patrons do.

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