Department Of Justice Sues SpaceX Over Hiring Discrimination, Citing Musk Tweet

HAWTHORNE, CA — The U.S. Department of Justice is suing SpaceX over allegations the company discriminated against asylees and refugees in its hiring practices, citing, among other things, a 2020 tweet from CEO Elon Musk.

The lawsuit alleges that from September 2018 to May 2022 the Hawthorne-based company discouraged asylees and refugees from applying for jobs and refused to hire them because of their citizenship status, 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 news release.

“Asylees and refugees have overcome many obstacles in their lives, and unlawful employment discrimination based on their citizenship status should not be one of them.”

In job postings and public statements, the company wrongly claimed that under federal export control laws, SpaceX could only hire U.S. citizens and green card holders, according to the department. The company discouraged asylees and refugees from applying for jobs, failed to fairly consider their applications and refused to hire qualified applicants because of their citizenship status, hiring only citizens and lawful permanent residents from September 2018 to September 2020, authorities said.

Included in the lawsuit is a June 16, 2020, tweet from Musk, who wrote, “U.S. law requires at least a green card to be hired at SpaceX, as rockets are advanced weapons technology.”

The department is seeking fair consideration and back pay for asylees and refugees who were deterred or denied employment due to discrimination, as well as civil penalties and policy changes to ensure compliance with the federal nondiscrimination mandate, authorities said.

SpaceX did not immediately respond Thursday afternoon to an email requesting comment.

Asylees and refugees who applied for a job at SpaceX and were rejected, were discouraged from applying due to citizenship status or were told by a recruiter or employee that the company could only hire citizens or lawful permanent residents are asked to contact the division’s Immigrant and Employee Rights Section at ierspacexcase@usdoj.gov or 1-888-473-3845.