Is it legal to hire someone without posting the job?
Christopher Davis
Updated on March 30, 2026
Most employers are not legally required to post any job listing, although many do so to avoid the appearance of illegal discrimination. Some contractors who do business with the U.S. government are required to post most of their employment opportunities through a state job listing service or equivalent.
Are employers legally obliged to advertise all job vacancies?
There is no general duty for an employer to advertise job vacancies. However there is an obligation for employers not to discriminate against employees or potential employees. Also, if an employee believes a job has not been fairly advertised, an employer could also receive a grievance from the employee.
Do all positions have to be posted?
In most cases, posting internal vacancies are not required by any employment laws, but it may be a requirement in a union contract or for a civil service or government position. In these instances posting internal vacancies or promoting employees by seniority is often required by a contract.
Can my employer post my job?
While it is quite insulting to read/see your own job position being posted while you are employed by the company, there is nothing illegal about doing it. A business has a right to line up another employee at their discretion.
Is it illegal to not advertise a job internally?
The simple answer is no. There is no legal obligation to advertise jobs internally or externally. But employers and managers must pay attention to any collective agreements to see if they specify whether roles need to be advertised internally first before resorting to external methods.
How do you determine unfair hiring practices?
A hiring practice is considered unfair if you aren’t transparent about the position (such as causing a job candidate to be misinformed about what the position entails or what their pay will be) or if you’re using different criteria to judge one candidate from another (for example, if you don’t hire someone because you …
Is it required for employers to post job openings?
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.
What should be included in a job posting?
A job posting advertises a company’s open jobs. It typically includes a job title, a description of the role and company, and a list of skills, qualifications, and experience required for the role.
Where is the best place to post a job?
The best place for posting jobs is where candidates are actively looking for new roles. Job search sites like Indeed allow you to post a job that will appear when candidates enter keywords such as job titles, experience, and skills. How can I advertise my job for free*?
Do you post job openings internally or externally?
The policy may also state that the employer has the option to post the job openings both internally and externally, depending on the skills and experience needed for the job. Employers do this when they want to see who is available in the job market who will supplement their current staff.