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Great idea, virtually impossible to enforce I’d imagine.

I'm sure some ambulance chasing lawyer types will make quick work of the problem

Perhaps. But I suspect the world would be a far better place if ambulance chasing lawyers were actually so good at solving problems.

Quite easy to enforce with a private right of action.

How would you acquire evidence that it is a ghost job, and they didn't just decide to hire someone else? How would you even know if there is a case worth pursuing?

Employees who are fed up with their employers bullshit could whistleblow pretty safely

Cases of actual, clear-cut employment discrimination are expensive to litigate and tough to prove, even with written evidence. A company posting a job and then not filling it, or filling it under a different job title is going to be so murky.

https://en.wikipedia.org/wiki/Blacklisting#Employment

File a lawsuit and subpoena evidence from the employer.

We already do this for discrimination lawsuits. It turns out that you can, indeed, just do things. It's illegal to discriminate on the basis of race, and it can indeed be enforced against employers who do so to the point that employers are very, very careful now to make sure they don't do this.

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