Justice unit captures SpaceX regarding prejudice of hiring against refugees

September 21, 2023: The company’s legal action is aimed at stopping the DOJ’s hiring discrimination case, citing constitutional grounds.

The original lawsuit by the DOJ, filed last month, accused SpaceX of discriminatory hiring practices against refugees and individuals allowed asylum in the United States. In response, SpaceX has filed its countersuit in the Southern District of Texas. One key point of contention in SpaceX’s response is that the DOJ suit was filed within a division of the agency responsible for adjudicating immigration cases.

SpaceX’s legal representation, Akin Gump Strauss Hauer & Feld, stated that the company

 has not engaged in discriminatory practices and seeks to hire the best candidates for all positions, irrespective of their citizenship status. The company highlighted that it has employed hundreds of noncitizens.

The central issue in this dispute revolves around military technology regulations, specifically the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations

 (EAR). SpaceX contends that all its employees have access to technology and data governed by these regulations.

SpaceX, established in 2002 and employing over 13,000 people in the United States, claims that it has consistently sought to hire the most talented

individuals and that its job postings receive a high volume of applications. The DOJ began investigating SpaceX in June 2020 following a complaint of employment discrimination from a non-U.S. citizen.

This legal battle highlights the complexities of hiring practices in industries closely tied to sensitive military and technology regulations.