Columbia Law Review Recognizes Ghost Jobs!
For years, job seekers have described a frustrating reality: applying to roles that never seem to exist, never close, and never hire. Until recently, those experiences were often dismissed as anecdotal, unfortunate, or simply “how hiring works now.”
That is changing.
In November 2025, the Columbia Law Review Forum published a major legal analysis examining the phenomenon of ghost jobs, job postings advertised by real companies with no present intent to hire. The article represents a meaningful turning point: ghost jobs are no longer just a labor-market frustration, but a recognized legal and policy issue.
What the Article Concludes
The analysis argues that ghost jobs may already violate existing U.S. law—specifically, Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive practices in commerce.
The article reframes ghost jobs as:
Deceptive by omission, because applicants reasonably believe a real vacancy exists
A form of data exploitation, where personal information is collected without informed consent
A systemic harm, distorting labor-market data and undermining public trust
Importantly, the piece explains that while federal agencies may already have enforcement authority, that authority is discretionary, reactive, and applied unevenly.
Why This Matters for TJAAA
The Truth in Job Advertising & Accountability Act exists to address exactly the gap this scholarship identifies.
Rather than relying on after-the-fact enforcement or case-by-case investigations, TJAAA establishes:
Clear disclosure requirements for job postings
Transparent expectations for employers
Predictable rules that protect job seekers and good-faith employers alike
In short, where the law review article explains why ghost jobs are deceptive, TJAAA provides how the system should work instead.
Recognition Is Progress But Not the Finish Line
Legal recognition matters. It validates what millions of job seekers have experienced and confirms that ghost jobs are not imaginary, inevitable, or harmless.
But recognition alone does not fix the problem.
That is why TJAAA focuses on prevention, transparency, and accountability, so honesty in job advertising becomes the norm, not the exception.
This article is a milestone.
The work to reform hiring practices continues.
https://www.columbialawreview.org/content/ghost-jobs/
