The TJAAA prohibits fake or misleading job advertisements—often called “ghost jobs”—and sets clear standards for transparency, accountability, and applicant privacy. It mandates that publicly posted jobs be real, funded, and time-bound, while protecting workers from deceptive data collection.

A job listing is considered a ghost job if:

·         There is no intent to fill the role

·         It’s not currently funded

·         It’s posted to collect résumés, test the market, or boost visibility

·         It’s recycled indefinitely without an actual opening

The TJAAA prohibits:

·         Passive behavioral tracking (mouse activity, eye tracking, scroll behavior)

·         Selling or reusing applicant data across postings or vendors

·         AI-generated rankings based on implicit behaviors

·         Applicants must be notified if AI excludes them from consideration—and why.

No. The TJAAA does not regulate who companies hire or how they conduct interviews. It strictly regulates what they publicly advertise—just like truth-in-advertising laws for products. If an employer chooses to list a job publicly, it must be accurate, funded, and legitimate.

Not effectively. While the FTC can pursue egregious fraud, there is no standardized federal framework addressing fake job ads, applicant data misuse, or automated profiling. Existing regulations are fragmented, outdated, and do not keep pace with digital and AI-driven hiring practices.

The bill includes a good-faith exemption for employers with fewer than 25 total workers. These businesses are shielded from financial penalties for honest mistakes, provided they register with the DOL and are not repeat or willful violators.

Multiple layers:

·         Fines from $2,500 up to $200,000 per fraudulent post

·         Applicant right of action—$5,000 statutory damages per violation

·         Criminal fraud referral if 1%+ of a company’s listings are fraudulent

·         Joint FTC and Department of Labor oversight

·         Whistleblower protections with triple damages and confidentiality

Not at all. The TJAAA is tech-neutral. It simply ensures that automation and AI tools are disclosed and used transparently—not as invisible gatekeepers or data harvesting tools.

It improves the accuracy of:

·         Labor market data (e.g., job creation, vacancy rates)

·         Economic forecasting for agencies like the BLS and Federal Reserve

·         Oversight of federal contractors and grant recipients