What do you mean by “make good” and “prove hiring” operationally?
Say for example, a company posts 10 job openings, fills 9 of them, but for the tenth, they don’t receive good candidates initially, the hiring manager has to go back to their leadership and negotiate a higher salary for the position, it goes through HR, they update the PD, they do a round of interviews with two good candidates, but then the hiring manager has a death in the family and takes leave, one candidate accepts a different position in that time, and then when presented with the offer, the second candidate backs out because they were expecting a salary at the higher end of the range in the PD despite having limited experience, then after 6 months and the team prepping for another interview round, the financial situation has changed and executive leadership freezes all hiring indefinitely and the job gets taken down.
Has the company made good in this case? If not, and this was an example of fraud, what is the mechanism for detecting it as such? Are there law enforcement officers actively scrubbing for possible violations? How much does that cost? Is it worth pulling a prosecuting attorney from a civil rights lawsuit over?
Or, if the company has made good, what compliance could a company do to prove that they haven’t committed fraud? How many man hours do we expect the company to spend on that compliance?
I don’t ask these questions just to poke holes, I think there would be a lot of benefits to the job market for both employers and employees if everyone applying to a job could be confident that the position was open. But I am skeptical that anyone has done a serious cost benefit analysis to determine if the juice is worth the squeeze.