0. The title of this legislation shall be the "Truth In Job Postings And Applications Act". 1. No job application posted in the State of New Hampshire shall require applicants to lie in order to receive the advertised position. 2. No employer shall discriminate against any job applicant who has religious or moral scruples against lying, or an intellectual or developmental disability that inhibits their ability to lie. 3. Any job applicant who believes they have been discriminated against contrary to the provisions of this act shall be allowed to file suit against the employer by which they believe they have been discriminated against. 4. New Hampshire's Department of Employment Services shall alert any job seekers making use of their services as to the provisions of this legislation. This clause shall apply only to job seekers who ask for one-on-one job search assistance from Department of Employment Services employees. 5. No job posting for an entry-level position in the State of New Hampshire shall require applicants to have more prior experience than an entry-level applicant for such a position may be reasonably expected to have, as determined by the state's Department of Labor. 6. No unpaid internship posting in the State of New Hampshire shall include any experience requirement for applicants whatsoever. 7. Any job posting that includes false requirements for applicants shall be prosecutable under New Hampshire's false advertising laws. 8. All job postings in the State of New Hampshire shall include notice of how long the employer expects to take to respond to completed job applications. Any job applicant who notices a job application that fails to include this notice may report it to... (the Department of Labor? Department of Employment Security? I'm not sure...), who shall then [TODO]. Failure by an employer to respond to a job applicant's job application within the time they specified in their posting shall cause the employer to be liable for the time in which the applicant spent waiting to receive a reply. 9. No job posting for any position in the State of New Hampshire shall require a driver's license solely for identification purposes if a non-drivers ID would suffice. Possession of a driver's license may only be made a requirement for job applications where driving is absolutely necessary. Other stuff to consider including: - whether phone numbers (cell vs. landline) are necessary fields in job applications, and/or if distinguishing between phone numbers in this way could be used for discrimination - whether mailing addresses (home vs. P.O. Box) are necessary fields in job applications, and/or if address info (including zip code) could be used for discrimination based on location, housing type (apt. vs. house), or otherwise - implementing Employee Polygraph Protection Act at the state level: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/eppac.pdf (This one became LSR 24-2330 for 2024, "relative to prohibiting employers from using polygraph testing.", which then became HB1072) - explicit overturn of NLRB decision in Toering Elec. Co., 351 N.L.R.B. No. 18 (Sept. 29, 2007), which concluded that workers in the United States can be fired if they are believed to not be "genuinely interested" in obtaining the job. This category includes salting. Update: apparently there was a more recent decision by the Eighth Circuit Court of Appeals in 2018 that superseded Toering; the OLS researchers said that this one makes further legislation unnecessary, but I'm not so sure myself; might want to investigate further... - Inclusion of salary information in job postings (or posted elsewhere; see CA law) - https://www.forbes.com/sites/karadennison/2023/11/27/how-ghost-job-postings-are-creating-a-false-sense-of-hope/ - Expand portion of RSA 638:6-I(e) with language concerning any person who "makes a false or misleading statement in any advertisement addressed to the public..." to extend to job postings Research request status as of December 4, 2023: filed, primary one is still in progress From ChatGPT in response to the prompt "Are job postings covered by false advertising law?" on December 4, 2022: In general, job postings are not covered by false advertising law. False advertising refers to the practice of making false or misleading claims about a product or service in order to deceive consumers and gain an unfair advantage in the marketplace. False advertising is regulated by laws such as the Federal Trade Commission Act in the United States, which prohibits the use of false or deceptive advertising practices. However, job postings are typically not considered to be advertisements in the same way that products or services are. Job postings are not intended to sell a product or service, but rather to provide information about a job opportunity and attract potential applicants. As such, they are not subject to the same regulations and laws that apply to advertisements for products or services. That being said, job postings are still subject to other laws and regulations that govern employment practices. For example, job postings must not discriminate against applicants on the basis of race, gender, religion, age, or other protected characteristics. They must also provide accurate and truthful information about the job duties, requirements, and compensation. If a job posting contains false or misleading information, an applicant may have grounds to challenge the posting or file a complaint with the appropriate authorities. However, these challenges and complaints would not be based on false advertising law, but rather on other laws and regulations that apply to employment practices. -- (end ChatGPT portion) -- Notes on polygraph portion specifically: - "Lie To Me" scene debunking them - Federal Polygraph Protection Act (see above) - Vermont legislation that OLS found - Amendment - https://antipolygraph.org/