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Are Employers Legally Required to Post Job Openings?

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The answer in many cases is no, but there are some important exceptions. Let’s take a look.

For the most part, the average employer is probably not required to post a job opening, either internally or externally. As such, most employers are free to opt to post job openings when doing so is the best course of action for the situation and to refrain from doing so when they’re so inclined.

However, there are some important exceptions. Here are some cases where it’s required, either by law or by policy, for an employer to post a job opening:

  • For federal contractors that meet certain requirements, job openings must be posted with the appropriate employment services to ensure the openings are referred to veterans. This is a requirement under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA). VEVRAA requires federal contractors to have an affirmative action plan for hiring veterans.
  • For any other employer subject to an affirmative action plan, that employer will create its own rules for job postings and must follow its own rules in that regard.
  • Any employer that has entered into a collective bargaining agreement should ensure it’s following the job posting rules set forth in the agreement, if applicable.
  • Some government agencies have a requirement to publicly advertise job openings.
  • Employers that create their own policies regarding job postings should be careful to follow their own guidelines. Failure to do so will appear inconsistent and may give rise to claims of favoritism or discrimination. If your organization wants the leeway to post—or not—as it sees fit (and if it does not fall into the above categories), it may be wise not to create a policy for job postings that it then must follow!

via https://hrdailyadvisor.blr.com/2016/03/10/are-employers-required-to-post-job-openings/

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