US Department of Justice sues SpaceX for hiring discrimination

The U.S. Department of Justice (DoJ) is suing SpaceX, alleging that the company discriminated against job applicants who are refugees or asylum recipients.

The lawsuit claims that, from September 2018 to May 2022 (and possibly longer than that), SpaceX discouraged refugees and asylees from applying for jobs and discriminated against those who did apply, 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,” Assistant Attorney General Kristen Clarke, of the Justice Department’s Civil Rights Division, said in a statement on Thursday (Aug. 24), the day the suit was filed.

“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,” Clarke added.

Related: 8 ways that SpaceX has transformed spaceflight

According to DoJ officials, SpaceX has repeatedly claimed, “in job postings and public statements over several years,” that the company can hire only U.S. citizens or green-card holders, thanks to export-control laws.

But such laws, which are designed keep adversary nations from getting ahold of technology vital to U.S. national security, “impose no such restrictions,” according to the DoJ.

“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,” the department wrote in Thursday’s statement.

“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,” the statement added. “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.”

Unsurprisingly, SpaceX founder and CEO Elon Musk doesn’t think the DoJ’s claims hold water.

“The fundamental principle of ITAR law is that US companies who have advanced weapons technology, such as rockets with intercontinental range, must hire people who are permanent American residents, so that the technology does not fall into the hands of countries who wish us harm,” Musk wrote on X (formerly Twitter) early Friday morning (Aug. 25). (“ITAR” stands for “International Traffic in Arms Regulations.”)

And, in a Thursday X post, he claimed that the DoJ is targeting SpaceX for reasons beyond a strict and faithful reading of the law.

“SpaceX was told repeatedly that hiring anyone who was not a permanent resident of the United States would violate international arms trafficking law, which would be a criminal offense. We couldn’t even hire Canadian citizens, despite Canada being part of NORAD [North American Aerospace Defense Command]! This is yet another case of weaponization of the DOJ for political purposes,” Musk wrote.