Is there a legal requirement for employers to advertise every job vacancy publicly?

Author: Linda Segall, Segall Enterprises

No. Employers do not have to advertise all job openings. However, employers that are federal contractors and therefore fall under the auspices of Executive Order 12466 must be able to show, if audited, that they have made genuine efforts to attract and recruit qualified applicants in protected classes to fill underutilized positions. These efforts usually include advertising as well as actively reaching out to community organizations that work with protected classes.