The New York City Council also enacted Int 1253-2016, which prohibits employers from "inquiring about a prospective employee's salary history during all stages of the employment process" or from using an individual's previous salary history to make decisions about compensation, if that history is already known.
In August, a lawsuit was filed against a New York employer (Barclays Events Center, LLC: DBA Barclays Center, Levy Restaurants, Inc., and Professional Sports Catering LLC). According to the suit, Barclays violated the FCA by using "flawed and discriminatory criminal history screening policies and practices" and not providing a Fair Chance Act Notice
, which is now required in New York.
This lawsuit is a clear indicator that employers who do not update their screening policies to accommodate current laws could face legal actions.