This. The unintended side effect is worse and I feel like the only winners would be the lawyers in the middle.

There are many ways for a company to justify leaving a posting up if sued:

- candidate’s resume did not meet bar so company did not interview

- candidate could not be scheduled

- candidate was interviewed but did not pass

- offer was given to competing candidate but competitor rejected so company couldn’t fill position and still had to leave posting up

Companies would then need to keep super detailed records on job postings which is overhead, and then many would just choose to not publicly post to avoid the hassle