UNITED STATES: The U.S. Department of Justice (DoJ) has launched a lawsuit against SpaceX, asserting that the aerospace manufacturer and space transportation company engaged in discriminatory practices against job seekers who were refugees or recipients of asylum.
The lawsuit alleges that from September 2018 to May 2022, and potentially even beyond, SpaceX deliberately discouraged refugees and asylees from applying for positions, and those who did apply were purportedly subjected to prejudiced treatment, a violation of the Immigration and Nationality Act.
Assistant Attorney General Kristen Clarke from the Justice Department’s Civil Rights Division expressed, “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.”
The DoJ contends that SpaceX’s repeated assertions in job postings and public statements, indicating the company’s constraint to exclusively employ U.S. citizens or green-card holders due to export-control laws, are unfounded.
According to the DoJ, these laws do not impose any such restrictions, and refugees and asylees possess the same standing as U.S. citizens and lawful permanent residents under export-control regulations.
The Department clarified, “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.” This includes granting them access to export-controlled information and materials without requiring additional governmental authorization.
However, SpaceX’s CEO, Elon Musk, contested the allegations. He argued that the foundation of ITAR law stipulates that companies dealing in advanced weaponry technology, such as intercontinental-range rockets, must exclusively employ permanent American residents to prevent the technology from falling into the hands of adversarial nations.
Musk also indicated that the DoJ’s actions seemed to extend beyond a strict interpretation of the law, asserting that the agency’s motivations appeared politically driven.
The lawsuit against SpaceX brings to the forefront the complex intersection of immigration status, national security concerns, and employment practices, raising questions about the interpretation and application of export-control regulations in the context of an evolving workforce landscape.
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