Jon Styf  |  August 29, 2023

Category: Labor & Employment

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SpaceX lawsuit overview: 

  • Who: The United States Department of Justice filed a complaint against Space Exploration Corp., known as SpaceX, over hiring practices.  
  • Why: The DOJ claims that SpaceX discriminated against asylees and refugees in its hiring practices in violation of the Immigration and Nationality Act.
  • Where: The complaint was filed in the DOJ’s Executive Office for Immigration Review, Office of the Administrative Hearing Officer in Washington, D.C.

The United States Department of Justice has filed a discrimination lawsuit against Space Exploration Corp., known as SpaceX, over the company’s hiring practices related to asylees and refugees.

The DOJ’s Executive Office for Immigration Review says that, from at least September 2018 to at least May 2022, SpaceX unfairly discriminated against asylees and refugees during recruiting, screening and selection, a violation of the Immigration and Nationality Act.

“In online postings and statements by SpaceX’s CEO and other SpaceX officials and recruiters, SpaceX discouraged asylees and refugees from applying to the company by wrongly stating that SpaceX can only hire U.S. citizens and lawful permanent residents,” the SpaceX lawsuit says.

The DOJ said the SpaceX discrimination was routine, widespread and longstanding and that the candidates who did apply were not fairly considered as SpaceX refused to hire them because of their citizenship status.

The DOJ notified SpaceX about the SpaceX discrimination investigation based on citizenship or immigration status on Aug. 13, 2020. SpaceX did not provide the requested employment information and so the investigative agency obtained a subpoena from the Office of the Chief Administrative Hearing Officer.

SpaceX was told about unfair hiring investigation findings in November 2022

The SpaceX discrimination investigation was completed, and the DOJ informed the company Nov. 30, 2022, it had found reasonable cause to believe SpaceX had a pattern or practice of unfair immigration employment practices.

Despite the company’s practices, the SpaceX lawsuit says lawful permanent residents have permission to live and work in the United States permanently and the company cannot discriminate against them in hiring.

Protected employment classes include United States citizens and nationals, asylees, refugees and certain lawful permanent residents, including those who actually hold these statuses or are perceived to hold them.

A blind New York woman who wanted to buy space-exploration themed merchandise from aerospace companies SpaceX and Blue Origin says she was unable to because the companies’ websites are inaccessible to visually impaired people.

Have you ever been discriminated against while looking for a job? Let us know in the comments.


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