HB 2321 — An Act providing for job posting requirements; and imposing penalties.

PRINTER'S NO.    3096

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2321
                                                Session of
                                                  2026

     INTRODUCED BY PROKOPIAK, BOROWSKI, GIRAL, BRENNAN, HOHENSTEIN,
        NEILSON, HOWARD, KINKEAD, HILL-EVANS, CURRY, RIVERA, SANCHEZ,
        HANBIDGE, McANDREW, D. WILLIAMS, INGLIS, CEPEDA-FREYTIZ,
        PARKER AND BOYD, MARCH 26, 2026

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 26, 2026


                                     AN ACT
 1   Providing for job posting requirements; and imposing penalties.
 2      The General Assembly of the Commonwealth of Pennsylvania
 3   hereby enacts as follows:
 4   Section 1.   Short title.
 5      This act shall be known and may be cited as the Ghost Job
 6   Postings Prevention Act.
 7   Section 2.   Definitions.
 8      The following words and phrases when used in this act shall
 9   have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "Department."    The Department of Labor and Industry of the
12   Commonwealth.
13      "Employer."    A business enterprise or person acting on behalf
14   of the business enterprise.
15      "Hiring organization."     An employer, agent of the employer or
16   entity with the authority to hire for the position advertised.
 1      "Notification."       A formal message required under this act to
 2   inform of a status change regarding a job posting directed
 3   towards applicants, applicant agents or a posting medium. A
 4   formal message under this definition shall include a notice of:
 5            (1)   position closure;
 6            (2)   withdrawal;
 7            (3)   hire;
 8            (4)   reposting;
 9            (5)   data use; or
10            (6)   decision outcome.
11      "Publicly advertised."          A job posting that is made available
12   through a job board.
13   Section 3.     Job posting requirements.
14      (a)     Publicly posted job advertisements.--An employer who
15   publicly advertises a job shall include the following in the
16   posting:
17            (1)   A statement detailing if the job posting is for:
18                  (i)    an existing vacancy;
19                  (ii)    an anticipated vacancy; or
20                  (iii)    a new role.
21            (2)   An estimated time frame for when the position will
22      be filled.
23            (3)   The intended hire and start date.
24            (4)   If the position is currently fully funded.
25            (5)   The funded salary range.
26            (6)   The percentage of advertised salary based on:
27                  (i)    incentives;
28                  (ii)    commissions; and
29                  (iii)    bonuses.
30            (7)   The number of times the position has been posted

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 1      within the last year.
 2            (8)   To what extent artificial intelligence will be used
 3      at any stage of the hiring process.
 4            (9)   Whether the job posting has been posted on multiple
 5      job boards.
 6      (b)   Removal of a filled job posting.--
 7            (1)   When a publicly advertised job posting has been
 8      filled, the employer or hiring organization must remove any
 9      posting or advertisement related to the position within two
10      weeks of the position being filled from the hire date.
11            (2)   If the employer is or should reasonably be aware
12      that the position is posted on a third-party job board, the
13      employer shall notify the third-party job board that the
14      position has been filled.
15            (3)   The third-party job board under paragraph (2) shall
16      be responsible for removing the position if:
17                  (i)    there is a notification that the position has
18            been filled; or
19                  (ii)    the position's estimated time frame has
20            expired.
21      (c)   Post-interview requirements.--When an employer
22   interviews an applicant for a publicly advertised posting, the
23   employer, within the time frame under subsection (d), shall
24   notify the applicant:
25            (1)   if the position has been filled or not by the
26      estimated time frame that was provided in the publicly
27      advertised job posting;
28            (2)   whether the employer is considering the applicant
29      for the position; and
30            (3)   the estimated time frame of when the employer will

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 1      make a final hiring decision, if the applicant is still under
 2      consideration.
 3      (d)   Time limits.--A posting shall:
 4            (1)   Not be listed for more than 90 calendar days.
 5            (2)   Remain posted for at least four days.
 6            (3)   Not be relisted three consecutive times for the same
 7      position within a calendar year.
 8   Section 4.     Prohibited practices.
 9      (a)   Unlawful job posting.--It shall be unlawful for a hiring
10   organization to create a job posting that:
11            (1)   Includes false or misleading information.
12            (2)   Is for a job that does not exist.
13            (3)   Is posted without the knowledge or consent of the
14      hiring organization.
15            (4)   Is posted more than 90 days in advance of the
16      intended hiring date.
17            (5)   Is maintained indefinitely without a specific hiring
18      intent.
19      (b)   Applicant data use.--Applicant data submitted for a job
20   posting may not be:
21            (1)   Used for data mining.
22            (2)   Used for data selling.
23            (3)   Kept after one year from the job posting's end.
24   Section 5.     Violation and penalties.
25      (a)   Fines.--
26            (1)   An individual, hiring organization or entity that
27      violates any provision of this act shall be liable for a
28      penalty of not less than $1,000 and not more than $5,000 as
29      assessed by the department.
30            (2)   Each week a job posting is in violation of this act

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 1      shall constitute a separate and distinct violation unless the
 2      employer is appealing the penalty.
 3            (3)   The department may bring an action seeking civil
 4      penalties of up to $25,000 per applicant affected and seek
 5      additional remedies as the court deems appropriate if the
 6      employer engages in:
 7                  (i)    data mining; or
 8                  (ii)    data selling.
 9      (b)   (Reserved).
10   Section 6.     Applicability.
11      This act shall:
12            (1)   Apply to an individual, hiring organization or
13      entity within this Commonwealth that:
14                  (i)    publishes, transmits or causes to be published a
15            job posting viewable by residents of this Commonwealth;
16                  (ii)    collects applicant data in relation to postings
17            under subparagraph (i);
18                  (iii)    employs or seeks to employ workers within this
19            Commonwealth;
20                  (iv)    participates in the design, approval or
21            administration of job postings on behalf of a hiring
22            organization; or
23                  (v)    hires for jobs.
24            (2)   Not apply to an employer with fewer than 50
25      employees.
26   Section 7.     Effective date.
27      This act shall take effect in 60 days.




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