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'Ghost jobs' could soon be illegal in New York

fastcompany.com

41–50 of 143 posts

Re: 'Ghost jobs' could soon be illegal in New York

#41
post #20

As a libertarian, I am okay with laws that allow people to sue for fraudulent or intentionally very misleading statements, especially ones made publicly and impose compounding costs on a lot of people. This is public harm. The laws are protections for regular people, in this case people who are looking for jobs. I'm also okay with Pigovian Taxes for the same reason: forcing actors who externalize costs to the public,…

This is just begging for a class action-ish lawsuit.

Re: 'Ghost jobs' could soon be illegal in New York

#42

Earlier quoted context omitted.

Every employer would send "We have decided not to continue with your application" once your entry in the database reaches the legally-mandated timeout period. The part you wouldn't like is the unintended consequences: Every company would be forced to use an ATS to manage applicants, and all hiring would have to be pushed through the ATS. The ATS would have some default timeout where candidates who aren't hired get th…

> Every employer would send "We have decided not to continue with your application". That would still be a big improvement over just getting ghosted

Doubtful you would still feel that way if it became the legally mandated norm. The reason ghosting is offensive is it feels so disrespectful and impersonal. How is some bland automated message triggered by a cron job any better? The automated message doesn't respect or care about you, no person would have put any thought into it. It would be entirely automated.

If that makes you feel better it is suggestive of a deeper problem. Getting ghosted is part of life. At least its an authentic representation that you aren't worth someone's time. It seems more spontaneous, less premeditated. That's life. You just have to learn to get over it.

Re: 'Ghost jobs' could soon be illegal in New York

#43
post #3

Earlier quoted context omitted.

Seems like it could be easily circumvented by just continually pushing the “fill by” date back on a posting

Have to start somewhere. Update the law as bad actors operate. Observe, iterate, etc. Failure is not trying, or when you stop attempting to improve. Trying is table stakes. "Show me the incentive and I'll show you the outcome." We are aligning incentives, with policy, to encourage desired outcomes.

Exactly. We shouldn't treat corporate regulation as something you try all at once to get the wording, incentives, and disincentives exactly right and then you're stuck with it for 20 years. It should be a living document. Put something into force today. See what companies do to try to avoid/skirt the regulation--then immediately close those doors and re-run the experiment. See what they try next and close those doors too, repeat until companies have no choice but to obey the spirit of the regulations. We should be doing this, rather than having these Big Upfront Designed laws that get no iteration.

Re: 'Ghost jobs' could soon be illegal in New York

#44
post #18

In the same way that credit card companies are required to tell you the exact reasons your score has changed, companies should be required to give at least any sort of notice of rejection. Something as simple as: we have proceeded with another candidate (if and only if the role was actually filled). I know this opens up a lot of questions about enforcement and employer discrimination, but something has to be done.

This does apply to third party background checks, and backdoor references in particular are just one giant loophole in the Fair Credit Reporting Act. Eightfold AI is getting sued right now for acting as a credit reporting agency -- not just by scoring people, but by gathering data on them in the first place for the sake of reporting to employers. If you ask a third party business to do run a background check, there a…

Wait... are you saying that talking about an ex-colleague with anyone (without filing a bunch of paperwork or something) is a "giant loophole in the Fair Credit Reporting Act"?

Re: 'Ghost jobs' could soon be illegal in New York

#46
post #38

How do you enforce that? I don't even know what I applied to that's a ghost and what isn't. Maybe I'm completely clueless, but there's no difference: recruiters ghost, sometimes companies ghost and sometimes they reply, sometimes you get an F U letter, you're not good enough, sometimes not. How did people even find out ghost jobs existed? I feel like the swindle must not be new.

> How did people even find out ghost jobs existed? For starters you can find it out from the inside...

Yeah. Going to be a lot harder to do this when other people in the company bring up that it is illegal.

Re: 'Ghost jobs' could soon be illegal in New York

#47

Earlier quoted context omitted.

At the very least it will have a chilling effect. A few high profile arrests and companies putting out ghost jobs will know what they’re posting is illegal.

Especially the consulting companies are doing this. And, all these ghost job requirement from green card and h1b should be removed. There must be no incentive to post ghost job.

Yeah, on the H1B there seems to be a separate issue. Posting a job listing that is intentionally hidden or otherwise not going to get bites. That way a company can say that they couldn't find a candidate and have to hire someone in need of a visa. From what I understand they do this to undermine wages as well as having a ̶e̶m̶p̶l̶o̶y̶e̶e hostage who won't complain about poor conditions because they don't want to lose their visa.

Re: 'Ghost jobs' could soon be illegal in New York

#48

Earlier quoted context omitted.

> Every employer would send "We have decided not to continue with your application". That would still be a big improvement over just getting ghosted

Doubtful you would still feel that way if it became the legally mandated norm. The reason ghosting is offensive is it feels so disrespectful and impersonal. How is some bland automated message triggered by a cron job any better? The automated message doesn't respect or care about you, no person would have put any thought into it. It would be entirely automated. If that makes you feel better it is suggestive of a deep…

> The reason ghosting is offensive is it feels so disrespectful and impersonal.

That part is annoying, but the open-ended nature of it is a true problem. Having a deadline on a thumbs up/down decision at least lets you move on with your life.

Re: 'Ghost jobs' could soon be illegal in New York

#49

Earlier quoted context omitted.

> Every employer would send "We have decided not to continue with your application". That would still be a big improvement over just getting ghosted

Doubtful you would still feel that way if it became the legally mandated norm. The reason ghosting is offensive is it feels so disrespectful and impersonal. How is some bland automated message triggered by a cron job any better? The automated message doesn't respect or care about you, no person would have put any thought into it. It would be entirely automated. If that makes you feel better it is suggestive of a deep…

Getting a rejection message, even an automated one, removes ambiguity. You're no longer wondering if you missed a call or an email went to spam, you have it right there in writing.

In college, I interviewed with two different local companies that had internships that would continue as part-time positions during the year. Both interviews went well and I felt that the interaction was positive overall. I was confident that I would at least have a good shot at each position after the interview. Both companies ghosted me.

For someone just developing their career and who was excited to work with actual professional companies (instead of the minimum-wage jobs offered to most students), that was kind of a big deal. Looking back, I'm pretty sure that's what really instilled a lot of the cynicism toward interviews I carried even after getting an internship and graduating into a full-time sysadmin position. I honestly got lucky getting the position I did, and I think without that success my cynical view would have spiraled downward.

> Getting ghosted is part of life.

The argument is that it shouldn't be. Responses like yours when people express hope that things can change is just digging your feet in because you think that other people have to deal with the same hardships you did. Everyone acknowledges that getting ghosted sucks, so maybe having a bit of empathy and sending something, even an automated message, should be encouraged more.

Re: 'Ghost jobs' could soon be illegal in New York

#50

Earlier quoted context omitted.

> I know it's frustrating, but stacking laws like this doesn't get useful information out of companies but it does force the application process to revolve around demonstrating compliance with the regulations. Eh, that's like saying taxing them is pointless because they'll just spend more on accountants to find loopholes. It's only true if you have the political will to pass the laws but not enough to fund the teeth…

Exactly. I hate this mentality: "We can't possibly regulate companies, because they are so clever and they'll find loopholes and work around any law we make!" So write better laws! Add provisions for loopholes you anticipate. Add wording to remove ambiguity that the company will try to use to weasel their way out. Analyze the ways companies already get around laws and shore them up with a patch. Do something! We've t…

There are a lot of regulations I would like to get rid of because they are already being evaded, or otherwise have bad second order consequences; and those second-order consequences are themselves an annoying part of the fabric of daily life that I'm familiar with.
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