SpaceX countersues DOJ, alleging unconstitutionality in discriminatory hiring lawsuit

SpaceX Falcon Heavy
Credit: SpaceX

SpaceX is fighting back against a lawsuit filed by the U.S. Department of Justice (DOJ) alleging discriminatory hiring practices. SpaceX asserts that the DOJ’s lawsuit is unconstitutional and is responding with a countersuit.

The original lawsuit, filed by the DOJ last month, accused SpaceX of discriminating against refugees and asylum seekers in its hiring processes. The allegations stated that from September 2018 to May 2022, SpaceX discouraged asylees and refugees from applying for positions and declined to hire them due to their citizenship status, purportedly violating the Immigration and Nationality Act (INA). SpaceX was also accused of falsely stating in its job listings that only green card holders and U.S. citizens could be employed by the company, citing federal export control laws as the reason.

In response to the allegations, SpaceX has filed its own lawsuit, arguing that international regulations do not prohibit the hiring of refugees. In the lawsuit, filed on Friday, the company says that the accusations against them are “factually and legally insupportable.” They maintain that their goal is to employ the most qualified candidates for every position, regardless of their citizenship status.

SpaceX emphasized that they have already hired hundreds of noncitizens, contradicting the DOJ’s claims.

Additionally, SpaceX is challenging the constitutionality of the DOJ’s lawsuit. They argue that the administrative judge who presided over the initial lawsuit was “unconstitutionally appointed,” and they contend that their right to a jury trial is being infringed upon.

A court hearing date for this ongoing legal battle has not been scheduled.

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