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Petition to the United States Congress to Prohibit and Penalize Fake Job Advertisements

To the Honorable Members of the United States Congress:

We, the undersigned citizens of the United States, respectfully submit this petition to express our deep concern regarding the deceptive practice of companies and individuals posting fake job advertisements. This practice not only misleads job seekers but also undermines trust in the job market, wastes valuable time and resources, poses significant risks to personal privacy and security, and can potentially manipulate market valuations.

Background:

Recent studies have highlighted the prevalence of fake job postings:

A survey by ResumeBuilder.com found that 39% of hiring managers reported their companies had posted fake or "ghost" job listings in the past year.

The Guardian reported that around 40% of companies admitted to advertising positions that don't exist, often to give the impression of growth or to keep potential candidates on file.

These deceptive practices have significant negative impacts:

Wasted Resources: Job seekers invest considerable time and effort into applying for positions that are not genuine, leading to frustration and discouragement.

Financial Burden: Job seekers often incur substantial expenses during their job search, including:

Premium Job Search Services: Many individuals invest in legitimate job search platforms that offer enhanced features for a fee. For instance, LinkedIn Premium Career accounts cost $29.99 per month or $239 annually, providing benefits like featured application statuses and InMail functionality.

Travel Expenses: Attending interviews can lead to significant travel costs, such as fuel, airfare, accommodation, and meals. While some companies reimburse these expenses, many do not, leaving job seekers to bear the costs.

Certifications and Training: To enhance their qualifications, job seekers often pay for certifications, licenses, and related exams.

Professional Services: Many individuals hire professional resume writers or career coaches to improve their chances of securing employment.

When these efforts are directed toward fake job postings, the financial impact on job seekers is even more egregious, as they expend resources on opportunities that do not exist.

Erosion of Trust: Such practices erode trust in the job market, making individuals skeptical of legitimate opportunities.

Economic Impact: Misleading job advertisements can distort labor market data, affecting economic planning and policy-making.

Market Manipulation: Posting fake job openings can be used to manipulate the perceived value of a company, thereby influencing its stock price—a practice that may constitute market manipulation.

Furthermore, there is a growing concern about fraudulent websites that claim to offer job opportunities but instead aim to harvest personal information or commit identity theft. These scams often involve posting fictitious job descriptions on fake websites that mimic legitimate companies, luring unsuspecting applicants into providing sensitive personal information.

Alarmingly, some fake job postings are deliberately designed to be discriminatory, particularly concerning age. The Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit employment discrimination based on age, among other factors.

Current Legal Framework:

The Federal Trade Commission (FTC) enforces truth-in-advertising laws, requiring that advertisements be truthful and not misleading. However, these regulations primarily focus on consumer goods and services and may not explicitly cover employment advertisements.

The EEOC enforces federal laws prohibiting employment discrimination, including discriminatory job advertisements.

The Securities and Exchange Commission (SEC) is responsible for enforcing laws against market manipulation, which includes the dissemination of false or misleading information that can affect stock prices.

Request for Legislative Action:

We urge Congress to take the following actions:

Define Fake Job Advertisements as False Advertising: Amend existing false advertising laws to explicitly include fake job postings, ensuring that companies cannot misrepresent employment opportunities.

Establish Penalties: Implement fines and classify the posting of fake job advertisements as a criminal misdemeanor to deter companies from engaging in this deceptive practice.

Criminalize Fraudulent Job Websites: Enact legislation that makes it a criminal offense for individuals or entities to create fraudulent job websites with the intent to harvest personal information, commit identity theft, or sell unrelated products or services under the guise of employment opportunities.

Address Discriminatory Practices: Ensure that fake job postings designed to discriminate, particularly based on age, are explicitly prohibited and subject to appropriate penalties.

Prevent Market Manipulation: Recognize the posting of fake job advertisements as a form of market manipulation when used to influence company valuations and stock prices, and empower the SEC to investigate and enforce regulations against such practices.

Mandate Transparency in Labor Market Assessments: Require companies that wish to assess the labor market to clearly state their intentions in job postings, providing transparency to potential applicants and preventing misunderstandings.

Enhance Enforcement: Empower the FTC, EEOC, SEC, and other relevant agencies, such as the Department of Justice's Civil Rights Division, to monitor and take action against companies and individuals that post fake job advertisements or operate fraudulent job websites.

Establish a Right to Seek Compensation: Grant job seekers the explicit right to pursue civil litigation against companies or individuals that post fake job advertisements, allowing them to recover monetary compensation for expenses incurred during their job search, including application fees, travel expenses, and costs associated with certifications or training.

By enacting these measures, Congress can protect job seekers, promote transparency in the job market, uphold the integrity of employment practices, and prevent the manipulation of financial markets.

Conclusion:

We believe that every individual deserves honesty and transparency in their job search. The intentional posting of fake job advertisements and the operation of fraudulent job websites are deceptive practices that should not be tolerated. We respectfully request that Congress take swift action to address these issues and protect the rights of job seekers across the nation.

Sincerely,

Jon Nuss

PO BOX 883
New Castle, KY 40050-0083