fines now, talent scarcity later
New York lawmakers passed S8877 on June 2, a bill that would require larger employers and job-posting platforms to disclose whether an ad is for a current vacancy and when they expect to fill it. Violations could carry fines starting at $2,500 per posting platform, which will increase if not corrected within 30 days. The bill arrives amid research showing that persistent ghosting and high application volumes are reshaping both candidate behavior and hiring operations.
No more ‘ghost jobs’ in some jurisdictions
The bill targets so-called ghost jobs, postings for roles an employer has no near-term intention of filling. State Sen. Michael Gianaris, the sponsor, called the practice “dishonest and exploitative” in a post on X.
Other jurisdictions are moving in the same direction. Pennsylvania’s proposed Ghost Job Postings Prevention Act would require employers to disclose whether a posting is for an existing or anticipated vacancy, provide a hiring timeline and disclose how many times the role was posted in the prior year. Ontario’s anti-ghosting rules took effect Jan. 1 and require employers with 25 or more employees to notify candidates of a formal interview within 45 days, and to disclose when AI is used in screening.
A fail for candidate experience
The legislative attention arrives as ghosting continues to take place at high levels. iHire’s recent research found that 53% of job seekers were ghosted by an employer in the past year, up from 38% in 2024. Robert Half also reported that 67% of U.S. HR leaders said AI-generated applications have slowed hiring, underscoring how AI-driven volume is making screening harder.
New research also suggests the cost of this cycle runs deeper than employer brand. A National Bureau of Economic Research working paper published in June by University of Connecticut economists Remy Levin and Daniela Vidart found that men’s decisions to participate in the labor force are shaped by lifetime observation of how the labor market treats the people around them. Those beliefs form mostly before age 24 and persist for decades, even among men who later move to stronger job markets. The authors argue that short-run drops in labor demand can harden into long-run drops in labor supply.
Current data gives that finding urgency. The U.S. labor force shrank by about 720,000 people in June, and federal Bureau of Labor Statistics figures show that about 6 million people who want jobs are not currently in the labor force. Workers who stop looking may be reacting to repeated discouragement, and each unanswered application can reinforce that behavior.
Impact on long-term hiring
This issue places part of the problem within HR’s control, as the pending laws point to an employer responsibility to audit open requisitions and remove postings no one intends to fill, disclose hiring timelines even where no statute yet requires it and close the loop with every interviewed candidate.
Rejected finalists can be maintained as a talent community instead of left in silence, and some consultants advise ending the process by inviting promising finalists to join a talent community and stay connected for future roles. That groundwork will matter when recruiters eventually need to re-engage people who quit searching altogether. As HR Executive reported in July, Lightcast projects a U.S. worker deficit of nearly six million by 2032, the largest labor shortage in the country’s history, which means employers will soon be competing for the very people today’s hiring process is teaching to walk away.
