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Are ghost jobs illegal? What the law says in 2026

By the Jobworthy team. Updated . 5 min read

Mostly not, yet. A ghost job is a posting for a role that doesn't exist or that the employer isn't planning to fill soon. In most places no law forbids one, but Ontario now requires employers to say whether a vacancy is real, and several US states have proposed the same. This is a plain-English summary, not legal advice.

United States: no federal law aimed at ghost jobs

A Congressional Research Service brief from April 2025 found that no bill explicitly addressing ghost job postings had been introduced in Congress (CRS). Deceptive job ads can breach the FTC Act's ban on unfair or deceptive practices, but the same brief notes that an employer's intent to hire is hard to prove, so using it against ghost postings would face legal challenges.

State bills

The CRS brief describes bills in New Jersey (introduced June 2024), Kentucky (January 2025) and California (March 2025) that would make employers state whether a posting is for an existing vacancy. New Jersey's would also require filled postings to come down within two weeks. As of November 2026 we couldn't confirm that any US state has such a law in force, so check your state legislature's website for the current status.

Ontario: disclosure is now required

Since 1 January 2026, Ontario employers with 25 or more employees must say in publicly advertised job postings whether a vacancy exists, include the expected pay or pay range, and disclose any use of AI to screen applicants. If they interview you, they must tell you within 45 days whether a hiring decision has been made (Ontario Ministry of Labour).

Applying in Ontario? A posting from a larger employer with no statement about whether the vacancy exists is missing something the law requires. Worth noting before you spend an evening on it.

Why ghost postings exist

The CRS brief lists the usual reasons:

  • Collecting CVs for hiring later.
  • Signalling growth to staff or investors.
  • Showing a broad applicant pool when an internal candidate has already been chosen.
  • Job boards copying postings that stay up after the employer fills the role.

The last one isn't deliberate, which is why checking the employer's own careers page is the most reliable test. See how to spot a ghost job.

What you can do

  • Check the role is open on the employer's own site before applying. Our ghost job checker asks the employer's hiring system directly for Greenhouse, Lever, Ashby and SmartRecruiters links.
  • Where pay ranges are required, a missing range is a red flag. See pay transparency in 2026.
  • If a posting looks like a scam rather than a stale listing, report it. In the US that's the FTC, at ReportFraud.ftc.gov.

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