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446 points Teever | 5 comments | | HN request time: 0.2s | source
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carefulfungi ◴[] No.45029744[source]
This is explictly restricting speech (restricting the right to advertise for labor) and would have to meet a high first amendment bar in the US.

Pay transparency law supporters have argued successfully that there is a compelling interest in closing gender and racial wage gaps and that salary range information can be mandated in job listings for that purpose. What's the compelling interest in this case that allows the government to control speech?

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1. treyd ◴[] No.45030131[source]
How is this actually restricting speech? It's not restricting advertisements for labor, it's restricting intentional lies made to misdirect. That's called fraud.
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2. terminalshort ◴[] No.45030195[source]
No it isn't. Fraud requires damages. Lying is legal. Maybe you could claim damages in the amount of time it takes to apply for the fake job, but it's not really worth it because it wouldn't be worth more than a few bucks.
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3. didibus ◴[] No.45030319[source]
The harm adds up, time to prepare and apply, possible time and effort and travel expense wasted if an interview was also conducted. You could say financially it's not a lot to one person, but if 100 people got deceived by the same listing? If 20% of all job listing are like that, maybe 2 million people got deceived in aggregate, now the financial harm total adds up to a lot more. And individually, to an unemployed person, even if the total loss is small, the percentage loss is higher as they likely have no revenue.

You could also argue there is loss to other companies listing real postings, as those fake ones add noise and people might miss their posting and not apply, causing them delays in filling their position.

Plus, if the ghost jobs are to appear to be growing to investors, or to satisfy regulators to justify internal positions or foreign hiring, now there is harm to investors or false compliance to regulations.

And I'd also say, the misrepresentation of demand, might lead people to pursue education in some careers and upskill thinking there is a lot of jobs for those skills, that would be a pretty hefty financial loss if they were mislead.

4. maxk42 ◴[] No.45031444[source]
Sorry, but how would you ever prove a job ad is fake?

"Were you going to hire someone for this role?" "Yes." "Case dismissed."

5. _DeadFred_ ◴[] No.45032025[source]
If I have 1 month of savings after which I lose my house, my car, maybe my marriage, and I invest time into your fake scheme, what is the cost to me in the end? Much more than a few bucks.

If move cross country because the job market in an area looks really good, only there aren't actually any jobs, what is the cost to me in the end?