Biden sues SpaceX for alleged discrimination.
The Biden Administration Sues Elon Musk’s SpaceX for Discrimination Against Immigrants
The Biden administration has taken legal action against a company owned by Elon Musk, accusing it of discriminatory practices against immigrants. The U.S. Department of Justice (DOJ) filed a lawsuit in federal court, alleging that SpaceX violated federal law by only hiring U.S. citizens and permanent residents.
“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,” said Kristen Clarke, assistant attorney general of the DOJ’s civil rights division.
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SpaceX officials have not yet responded to the allegations.
The Immigration and Nationality Act prohibits companies from discriminating against refugees and individuals granted asylum. This law applies to all stages of the hiring process, including recruitment and interviews.
While illegal immigrants are granted asylum or refugee status, which allows them to stay in the country indefinitely, they do not receive green cards. On the other hand, immigrants who become lawful permanent residents are issued green cards.
Elon Musk, CEO of SpaceX, has previously stated that the company only hires citizens or individuals with permanent status. He cited U.S. law and the International Traffic in Arms Regulations as the reasons behind these hiring requirements.
However, the new lawsuit claims that SpaceX’s understanding of the law was incorrect and that its application of the hiring requirements was illegal.
SpaceX, known for manufacturing rockets that have transported astronauts to the International Space Station, has received billions in government contracts. The company specializes in reusable rockets that can land and fly again, reducing costs and waste.
Actions by Recruiters and Officials
The government’s investigation revealed that SpaceX recruiters consistently informed job candidates that the company could only hire U.S. citizens or permanent residents due to U.S. Export Compliance regulations.
Job announcements and the company’s application process also indicated that only individuals with U.S. citizenship or refugee/asylee status were eligible to apply.
SpaceX’s system had codes that allowed officials to reject candidates who were unauthorized to work or ineligible under the regulations. These rejection codes were used repeatedly for years, resulting in the exclusion of qualified individuals.
For example, an engineer who graduated from the Georgia Institute of Technology was rejected based on their lack of citizenship or a green card, despite meeting the basic qualifications.
From September 1, 2018, to September 30, 2020, SpaceX only hired U.S. citizens and permanent residents, with only one asylee being hired before May 2022.
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