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This survey talks about the concept of "ghost jobs", job postings that the company leaves open for longer than necessary or doesn't actually intend to fill. I'm curious about the second one, as a job posting that is just gathering resumes without a job behind it seems at least ethically dubious, if not outright illegal. Are there any laws that would apply to these postings?

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  • Where? The law about what it is legal to advertise varies from one place to another.
    – ohwilleke
    Commented Jan 8 at 23:30
  • @ohwilleke I'm not sure if it being on the internet opens it up to greater liability, but for the purposes of this question, let's assume that the job is remote anywhere in the US. Commented Jan 9 at 16:20

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Misleading or deceptive conduct in trade or commerce is illegal

Advertising a position you have no intention of filling is misleading and deceptive. QED.

One slight caveat. If you are not in "trade or commerce", for example, a politician advertising for a staffer or a judge advertising for a clerk, then the law doesn't apply.

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  • But where is the harm or potential harm? The slight nuisance of applying to one of many posted jobs?
    – ohwilleke
    Commented Jan 9 at 18:53
  • @ohwilleke the offence doesn’t require harm - it’s prosecutable even if no one is or can be harmed. For example, Employsure was fined $3m for misleadingly stating they had government sponsorship when they didn’t - no one was manifestly harmed by that misstatement except, perhaps, their competitors.
    – Dale M
    Commented Jan 9 at 19:41

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