SpaceX headquarters in Los Angeles, California.
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SpaceX, led by Elon Musk, has filed a countersuit against the U.S. Department of Justice (DOJ) in a Texas federal court, aiming to dismiss the DOJ’s hiring discrimination case on constitutional grounds.
The DOJ had previously sued SpaceX, accusing the company of discriminatory hiring practices against refugees and individuals granted asylum in the U.S. In response, SpaceX filed its countersuit in the Southern District of Texas, arguing that the DOJ’s suit was improperly filed within a division that handles immigration cases.
“SpaceX has not engaged in any discriminatory practices against asylees or refugees. On the contrary, SpaceX seeks to hire the most qualified candidates for every position, regardless of their citizenship status. In fact, the company has hired hundreds of noncitizens,” stated SpaceX’s counsel, Akin Gump Strauss Hauer & Feld, in the complaint filed on Friday.
SpaceX’s countersuit includes several defendants, including U.S. Attorney General Merrick Garland.
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At the heart of the dispute is the issue of whom SpaceX can legally hire under military technology regulations. Given that rocket and spacecraft technology falls under International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), the company argues that every employee has access to controlled technology and data.
Founded in 2002, SpaceX currently employs more than 13,000 individuals across the U.S. The company emphasized that it has hired hundreds of noncitizens who are not considered U.S. Persons under ITAR.
“Throughout its rapid growth, SpaceX has always sought, and continues to seek, to hire the most talented people possible,” stated the company.
In recent years, SpaceX’s job postings have attracted an average of over 90 applications each, with engineering positions receiving over 100 applications. The company claims that its hiring process is highly selective, with only about 1% of applicants being hired.
The DOJ initiated its investigation into SpaceX in June 2020 after receiving a complaint of employment discrimination from a non-U.S. citizen through its Immigrant and Employee Rights Section.
