U.S. Disputes SpaceX’s Assertion of Hiring Exclusively U.S. Citizens

The Justice Department filed a lawsuit on Thursday against SpaceX, accusing the company of engaging in discriminatory hiring practices against asylum seekers and refugees. Between 2018 and last year, SpaceX allegedly claimed that it could only hire U.S. citizens and green card holders due to export control laws governing rocket and missile technology. However, the government argues that these laws do not impose any such restrictions on hiring. The lawsuit cites numerous instances where SpaceX publicly stated this requirement and listed U.S. citizenship as a job posting requirement. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated that the investigation found SpaceX failed to fairly consider or hire asylees and refugees, in violation of federal law. The investigation also revealed that SpaceX recruiters and high-level officials discouraged asylees and refugees from seeking employment opportunities at the company. Despite requests for comment, SpaceX did not respond.

The lawsuit also highlights a Twitter post by Elon Musk in 2020, where he stated that at least a green card is required to be hired at SpaceX due to rockets being categorized as advanced weapons technology. Additionally, the suit alleges that there were 14 public announcements stating that SpaceX can only hire U.S. citizens and lawful permanent residents due to ITAR (International Traffic in Arms Regulation).

According to SpaceX data, the company hired only one person who was an asylee out of more than 10,000 hires. This hire was made approximately four months after the Justice Department’s Immigrant and Employee Rights section notified SpaceX of its investigation. The lawsuit emphasizes that SpaceX hires for a wide range of positions across various fields.

Although SpaceX has become a prominent supplier for NASA and the Pentagon, as well as a trusted partner for launching American astronauts and national security satellites, the Justice Department aims to hold the company accountable for its alleged employment practices. The Pentagon has also awarded SpaceX a contract to operate its Starlink Internet satellite network in Ukraine.

With approximately 11,000 employees spread across multiple locations, SpaceX has experienced rapid growth in recent years. Assistant Attorney General Clarke expressed the Department’s intention to seek relief that allows asylees and refugees to compete fairly for job opportunities at SpaceX.

The lawsuit seeks an order for SpaceX to hire qualified applicants wrongly deemed ineligible and to pay a civil penalty for each individual discriminated against, as determined by the Administrative Law Judge. Assistant Attorney General Clarke stressed that asylees and refugees should not face unlawful employment discrimination based on their citizenship status, considering the obstacles they have already overcome in their lives.

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