The Department of Justice on Thursday filed a lawsuit against SpaceX alleging discrimination against asylees and refugees in the company’s hiring over a nearly four-year period in violation of the Immigration and Nationality Act.
“Our investigation found that SpaceX failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” Kristen Clarke, assistant attorney general of the DoJ’s Civil Rights Division, said in a statement. “Our investigation also found that SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking work opportunities at the company.”
SpaceX warned off non-citizens in job postings and public statements from applying for work at the company, saying only U.S. citizens and lawful permanent residents could apply due to “export control laws,” the DoJ said. However, these laws do not probit hiring non-citizens, it said, adding that asylees and refugees have permission to work in the U.S. “and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws.”
Those public statements were made by SpaceX’s CEO, who is Elon Musk, and other company officials and recruiters, says the 13-page complaint filed in federal court.
The period in question goes from at least September 2018 to May 2022, DoJ said.
SpaceX is subject to export control laws but these same laws, including the International Traffic in Arms Regulations and the Export Administration Regulations, do not prohibit asylees and refugees from applying to, and working for, the company, DoJ said.
The department also said that SpaceX did not “fairly consider and refused” asylees and refugees that did apply for jobs with the company and that its “discriminatory hiring practices were routine, widespread, and longstanding.”
SpaceX is a key launch provider of satellites and other missions for the U.S. government. The company also builds, launches, and operates the Starlink satellite communications constellation.
The DoJ’s investigation began on May 29, 2020, by the Immigration and Employee Rights Section of the Civil Rights Division. SpaceX was notified on June 8, 2020, that the investigation was underway.