DOJ sues SpaceX alleging hiring discrimination against refugees and asylum recipients

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A Falcon 9 rocket is displayed extracurricular the Space Exploration Technologies Corp. (SpaceX) office connected January 28, 2021 successful Hawthorne, California.

Patrick T. Fallon | AFP | Getty Images

The U.S. Department of Justice sued SpaceX connected Thursday, alleging Elon Musk's abstraction institution discriminated successful its hiring practices against refugees and radical granted asylum successful the U.S.

The suit says betwixt 2018 and 2022, SpaceX "wrongly claimed" that export power laws constricted its hiring to U.S. citizens and lawful imperishable residents.

The DOJ has been investigating SpaceX since June 2020, erstwhile the department's Immigrant and Employee Rights Section received a ailment of employment favoritism from a non-U.S. citizen.

"Our probe recovered that SpaceX failed to reasonably see oregon prosecute asylees and refugees due to the fact that of their citizenship presumption and imposed what amounted to a prohibition connected their prosecute careless of their qualification, successful usurpation of national law," Kristen Clarke, adjunct lawyer wide of the DOJ's Civil Rights Division, said successful a statement.

Clarke added that the DOJ's probe recovered "SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking enactment opportunities astatine the company."

According to information SpaceX provided, the DOJ said that implicit a astir 4 play and crossed much than 10,000 hires, the institution "hired lone 1 idiosyncratic who was an asylee and identified arsenic specified successful his application."

That lone prosecute came astir 4 months aft the DOJ notified SpaceX of its investigation.

SpaceX did not instantly respond to CNBC's petition for comment. The suit was filed successful the Executive Office for Immigration Review, a part of the DOJ that adjudicates migration cases.

The DOJ lawsuit seeks to triumph "fair information and backmost wage for asylees and refugees who were deterred oregon denied employment astatine SpaceX owed to the alleged discrimination," arsenic good arsenic civilian penalties and argumentation changes from the company.

In 2021, the DOJ's Immigrant and Employee Rights Section alleged that SpaceX was stonewalling a subpoena related to its probe and requested a justice bid that SpaceX comply with its petition for documents related to however the institution hires. SpaceX had filed a petition with a DOJ administrative tribunal to disregard the subpoena connected grounds that it exceeded the scope of IER's authority, but that petition was denied.

IER opened its probe aft a antheral named Fabian Hutter complained that SpaceX discriminated against him successful March 2020 erstwhile helium was asked astir his citizenship presumption during a occupation interrogation for a method strategy subordinate position.

Hutter is not a U.S. citizen, but according to a papers filed by SpaceX successful effect to a DOJ subpoena successful 2021, helium is simply a "lawful imperishable [U.S.] nonmigratory holding dual citizenship from Austria and Canada."

Hutter did not instantly respond to a petition for remark from CNBC.

Read the DOJ's suit below:

– CNBC's Dan Mangan contributed to this report.

Correction: This communicative has been updated to close that the U.S. Department of Justice sued SpaceX, alleging the institution discriminated successful its hiring practices against refugees and radical granted asylum successful the U.S. A erstwhile mentation misstated the quality of the alleged violation.

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