Are Ghost Jobs Illegal? What the Law Says in 2026

2US federal law: no explicit ban

A Congressional Research Service report dated April 25, 2025 states that no federal law explicitly prohibits ghost job postings. It points to a few laws that could reach related conduct, with limits.

• FTC Act, Section 5. It bars unfair or deceptive practices, and a deceptive job ad could qualify. The report notes that proving an employer never intended to hire is difficult, and that the harm to job seekers may be too indirect to meet the unfairness standard.
• FTC Impersonation Rule. It may apply to scam postings that misrepresent who is hiring, which is a different problem from a real employer with an idle listing.
• Title VII of the Civil Rights Act. It could apply if an employer treats applicants differently based on protected characteristics, though that isn't about the ghost job itself.

3New York: passed, awaiting a signature

New York's bill passed both chambers in June 2026. SHRM reported on July 23, 2026 that it was waiting on Governor Hochul's signature, and that it would take effect immediately if signed. Bills often reach a governor in batches near year-end, so check the state's bill-status page rather than assuming either way.

As described in that report, the bill would:

• Cover employers with 100 or more employees and third-party job posting sites
• Require each ad to state whether the employer plans to fill the role within 90 days, in more than 90 days, or not at all because it's collecting resumes for later
• Require ads to come down within two weeks of the position being filled
• Let the state Department of Labor fine $2,500 per violation, doubling every 30 days the ad stays uncorrected, with no private right of action for applicants

4Other states: bills, not laws

The same CRS report tracked several state proposals as of April 2025. New Jersey (A4625 and S3509) would require employers to say whether a posting is an existing vacancy, remove filled postings, and notify applicants. Kentucky's HB 57 would prohibit ghost postings with civil penalties. California's AB 1251 would require private employers to state whether a posting is for an actual vacancy.

Those were the statuses at the time of the report. Bills stall, change and die, so look up each legislature's site before you rely on any of them.

5Ontario: the first rule in force

Since January 1, 2026, Ontario employers with 25 or more employees must include a statement in each publicly advertised job posting saying whether it's for an existing vacancy. They must also keep a copy of the posting, and any application form that goes with it, for three years after the public can no longer see it.

That's the closest thing to a working ghost-job law in North America right now. It's about disclosure, not a ban: an employer can still post a role it isn't filling, as long as it says so.

6What a disclosure label won't fix

A label doesn't remove a ghost job. It tells you it's one. If a posting says it isn't an existing vacancy, or that the employer is collecting resumes for later, you've been handed the answer. Treat it as pipeline building and apply only if it's quick.

Most places still have no such label, so the work stays with you. Posting age, whether the role appears on the company's careers page, and repost history cover most of it. The ghost job checker runs those checks, and how to spot ghost jobs before you apply lists the point values behind them. For the reasons employers do it in the first place, read why companies post ghost jobs.

Expect uneven compliance at first. A rule that relies on employers describing their own intent is only as honest as the employers, which is why the independent checks still matter.

7How to report a ghost job

There's no single US agency for it. These steps are practical, not guaranteed to produce a response:

• Use the board's report option. Job boards typically let you flag a listing as filled, expired or misleading. It helps the next applicant even if the company never reacts.
• Write down the details. Company, title, posting date and where you saw it. If you applied, note the date and any reply.
• Check the local rules. If you're in Ontario, or in New York once the bill is signed and in force, a government complaint route may exist. Look at the labour department's site for current instructions.
• Don't wait on it. Reports rarely bring a reply, so keep your search moving. A listing that looks dead may also just be a scam, so is this job posting even real is worth a read before you send any documents.