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

Bill Text

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
Providing for job posting requirements; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Ghost Job
Postings Prevention Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." A business enterprise or person acting on behalf
of the business enterprise.
"Hiring organization." An employer, agent of the employer or
entity with the authority to hire for the position advertised.
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"Notification." A formal message required under this act to
inform of a status change regarding a job posting directed
towards applicants, applicant agents or a posting medium. A
formal message under this definition shall include a notice of:
(1) position closure;
(2) withdrawal;
(3) hire;
(4) reposting;
(5) data use; or
(6) decision outcome.
"Publicly advertised." A job posting that is made available
through a job board.
Section 3. Job posting requirements.
(a) Publicly posted job advertisements.--An employer who
publicly advertises a job shall include the following in the
posting:
(1) A statement detailing if the job posting is for:
(i) an existing vacancy;
(ii) an anticipated vacancy; or
(iii) a new role.
(2) An estimated time frame for when the position will
be filled.
(3) The intended hire and start date.
(4) If the position is currently fully funded.
(5) The funded salary range.
(6) The percentage of advertised salary based on:
(i) incentives;
(ii) commissions; and
(iii) bonuses.
(7) The number of times the position has been posted
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within the last year.
(8) To what extent artificial intelligence will be used
at any stage of the hiring process.
(9) Whether the job posting has been posted on multiple
job boards.
(b) Removal of a filled job posting.--
(1) When a publicly advertised job posting has been
filled, the employer or hiring organization must remove any
posting or advertisement related to the position within two
weeks of the position being filled from the hire date.
(2) If the employer is or should reasonably be aware
that the position is posted on a third-party job board, the
employer shall notify the third-party job board that the
position has been filled.
(3) The third-party job board under paragraph (2) shall
be responsible for removing the position if:
(i) there is a notification that the position has
been filled; or
(ii) the position's estimated time frame has
expired.
(c) Post-interview requirements.--When an employer
interviews an applicant for a publicly advertised posting, the
employer, within the time frame under subsection (d), shall
notify the applicant:
(1) if the position has been filled or not by the
estimated time frame that was provided in the publicly
advertised job posting;
(2) whether the employer is considering the applicant
for the position; and
(3) the estimated time frame of when the employer will
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make a final hiring decision, if the applicant is still under
consideration.
(d) Time limits.--A posting shall:
(1) Not be listed for more than 90 calendar days.
(2) Remain posted for at least four days.
(3) Not be relisted three consecutive times for the same
position within a calendar year.
Section 4. Prohibited practices.
(a) Unlawful job posting.--It shall be unlawful for a hiring
organization to create a job posting that:
(1) Includes false or misleading information.
(2) Is for a job that does not exist.
(3) Is posted without the knowledge or consent of the
hiring organization.
(4) Is posted more than 90 days in advance of the
intended hiring date.
(5) Is maintained indefinitely without a specific hiring
intent.
(b) Applicant data use.--Applicant data submitted for a job
posting may not be:
(1) Used for data mining.
(2) Used for data selling.
(3) Kept after one year from the job posting's end.
Section 5. Violation and penalties.
(a) Fines.--
(1) An individual, hiring organization or entity that
violates any provision of this act shall be liable for a
penalty of not less than $1,000 and not more than $5,000 as
assessed by the department.
(2) Each week a job posting is in violation of this act
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