SpaceX Seeks to Throw Out DOJ Case Over Employment Practices

SpaceX is countersuing the Justice Department, which accuses the company of irregularities in its hiring practices. The company did not break any laws and argues that the government’s case is unconstitutional.

SpaceX seeks to throw out DOJ case

SpaceX filed the lawsuit Sept. 15 against several Justice Department officials in the U.S. District Court for the Southern District of Texas. It demands the dismissal of the case filed by the Justice Department on August 24. It alleges that SpaceX’s hiring practices discriminate against asylum seekers and refugees. That case was filed with the Office of the Chief Administrative Hearing Officer (OCAHO) in the Executive Office for Immigration Review, which handles cases related to immigration law, according to SpaceNews.

The lawsuit against SpaceX is unconstitutional

SpaceX’s lawsuit is based on the unconstitutionality of the lawsuit filed against the company. The federal government’s case is being heard by an appointed administrative law judge, who is “unconstitutionally insulated from Presidential authority,” the company argues. SpaceX adds that the case should be heard in federal court, rather than an administrative one without the right to a jury trial.

“SpaceX denies the government’s accusations and has numerous factual and legal defenses. But whether or not SpaceX violated any hiring regulations, the OCAHO proceedings are unconstitutional under binding law,” the company says in its suit.

The company denies discrimination in hiring

While SpaceX’s lawsuit is based on legal issues, the company denies discriminating against asylum seekers and refugees in its hiring processes. It stresses the need for strict compliance with export control regulations. “Every SpaceX employee has access to technology and data controlled by these statutory and regulatory regimes,” the company states, adding that, in the company’s experience, “many applicants who self-identify as asylees or refugees are not in fact asylees or refugees.”

“Nevertheless, throughout the recruitment and hiring process and across its facilities nationwide, SpaceX follows strict policies and procedures to both ensure compliance with all export control laws and regulations and also prevent any illegal discrimination, including discrimination against refugees and asylees,” the company says in the suit.