Frustrated jobseekers who suspect their online applications may be going nowhere may be right, as a recent nationwide survey suggests that nearly 40% of employers posted a fake job ad over the past year. Gerald C. Waters, Jr., member of the firm’s Labor and Employment practice group spoke to Newsday to discuss potential legal risks for employers.
“Although we believe presenting a ‘fake’ job posting is unlikely to violate any particular New York State Labor Law, employers would be wise to remember that New York State has specific legal requirements regarding job postings.”
Under pay transparency legislation signed into law last year, employers throughout the state with four or more employees are required to disclose good faith salary ranges in job postings, both externally and internally.
With many bogus ads leading to interviews, Waters said employers with no intention of hiring also ran the risk of introducing claims of discrimination against themselves.
“If a candidate applies for a fake job, but during the process of the application and interview, are subject to alleged discriminatory treatment…that applicant may seek to file a state or federal claim of discrimination,” he said.
“Real or fake, every time an employer posts a job offer, we believe an employer faces some risk of failing to comply with New York State law,” Waters said.
Read the full article here.