SpaceX Launches Counter Lawsuit Against DOJ Alleging Discriminatory Hiring Practices
SpaceX has issued a countersuit against the Department of Justice (DOJ) in an attempt to halt proceedings in a case accusing the company of engaging in discriminatory hiring practices against refugees and individuals granted asylum in the United States. The complaint, filed on Friday, argues that the DOJ lawsuit violates the constitution as it would be held in administrative proceedings rather than a federal court, denying SpaceX of its right to a jury trial.
“Given these clear constitutional defects, the Court should preliminarily and permanently enjoin the pending administrative proceedings, declare them unlawful, instruct the [Administrative Law Judge] to dismiss the case, and grant such other relief as the Court finds appropriate without delay,” SpaceX stated in the complaint.
In August, the DOJ initiated a lawsuit against SpaceX after an extensive investigation into its hiring practices. The DOJ alleged that SpaceX implemented tactics to discourage refugees and asylees from applying to certain positions and rejected their applications without consideration.
Additionally, the DOJ contradicted SpaceX’s assertion that “export control laws” restricted the company from hiring noncitizens who were not legal permanent residents.
“Export control laws impose no such hiring restrictions,” the DOJ stated. “Moreover, asylees and refugees have permission to live and work in the United States indefinitely and enjoy the same privileges as U.S. citizens and legal permanent residents under export control laws.”
SpaceX’s countersuit not only refutes the accusations, stating the company has not engaged in discriminatory practices against asylees or refugees, but also emphasizes its commitment to complying with U.S. laws and avoiding penalties. Due to the nature of its work, SpaceX claims certain limitations apply to its employment practices.
“In the absence of legal or regulatory restrictions, SpaceX would hire the most talented individuals regardless of their nationality. In fact, SpaceX has employed numerous noncitizens, including individuals who were not U.S. Persons under the International Traffic in Arms Regulations (ITAR),” the complaint explained.
However, due to the sensitive technologies involved, SpaceX contends it must adhere to export control laws and regulations, including ITAR, as well as the requirements of some government contracts that limit its hiring scope.
SpaceX acknowledges that it asks applicants to disclose their immigration status to assess their classification as U.S. Persons for ITAR purposes. The company asserts that many individuals who identify as asylees or refugees are not qualified as such and therefore not classified as U.S. Persons.
Nevertheless, SpaceX maintains it has strict policies and protocols in place to ensure compliance with export control laws and regulations while preventing discrimination against refugees and asylees.
The countersuit names three DOJ officials as defendants in their official capacities, including Attorney General Merrick Garland.
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