DOJ files lawsuit against SpaceX for hiring discrimination against refugees, asylees

The Department of Justice (DOJ) filed a lawsuit Thursday against SpaceX, Elon Musk’s space company, alleging the company discriminated against refugees and asylees during the hiring process.

The DOJ claimed SpaceX “routinely” discouraged refugees and those granted asylum from applying for jobs and often would refuse to hire or consider them for positions, specifically because of their citizenship status, from at least September 2018 to May 2022, which the DOJ claimed violated the Immigration and Nationality Act (INA). 

As evidence, the DOJ alleged SpaceX only hired U.S. citizens and lawful permanent residents from September 2018 to September 2020. 

The lawsuit outlines other practices used to allegedly discriminate against those applicants. 

On job postings, the DOJ claimed, SpaceX would falsely claim that federal regulations known as “export control laws” required the company to hire U.S. citizens or legal permanent residents. 

“Export control laws impose no such hiring restrictions,” the DOJ press release read. “Moreover, asylees’ and refugees’ permission to live and work in the United States does not expire, and they stand on equal footing with U.S. citizens and lawful permanent residents under export control laws.”

“Under these laws, companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and lawful permanent residents. And once hired, asylees and refugees can access export-controlled information and materials without additional government approval, just like U.S. citizens and lawful permanent residents,” the press release continued.

The DOJ claimed that the alleged discrimination practices extended not only to positions that required advanced degrees, but to a variety of jobs, including, “welders, cooks, crane operators, baristas and dishwashers, as well as information technology specialists, software engineers, business analysts, rocket engineers and marketing professionals.”

The DOJ reportedly opened an investigation into the alleged discriminatory hiring practices after allegedly getting a complaint from a noncitizen about the hiring practices. The DOJ is asking refugees or people who were granted asylum to contact the DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section if they encountered any of the alleged acts they describe in the lawsuit. 

In the press release, Assistant Attorney General Kristen Clarke described the findings of the investigation and pledged to hold SpaceX accountable. 

“Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them,” Clarke said in the press release. “Through this lawsuit we will hold SpaceX accountable for its illegal employment practices and seek relief that allows asylees and refugees to fairly compete for job opportunities and contribute their talents to SpaceX’s workforce.”