In response to a lawsuit accusing SpaceX of hiring discrimination, the private space company is asking the Justice Department to dismiss the lawsuit as unconstitutional.
SpaceX filed its own lawsuit Friday in the US District Court for the Southern District of Texas against Justice Department officials, denying the allegations and claiming the charges against the company are unconstitutional, SpaceNews reported.
In its lawsuit, SpaceX argued that the administrative law judge assigned to the case by the federal government was “unconstitutionally detached from the authority of the President,” the complaint reads. The private space company also argued that SpaceX was denied its right to a jury, with the case being argued in an administrative proceeding rather than in federal court.
The Department of Justice filed a lawsuit against SpaceX on August 23 for allegedly refusing to hire refugees and asylum seekers, claiming in its job postings that the company can only hire US citizens and permanent residents (or so-called green card holders). SpaceX allegedly cited export control laws such as the International Traffic in Arms Regulations for its hiring requirements because the rockets are considered advanced weapons technology, according to the complaint.
SpaceX founder and CEO Elon Musk MANILA that his company “has been told repeatedly that hiring anyone who is not a permanent resident of the United States violates international arms trafficking laws, which is a criminal offense,” he WRITES on X (formerly Twitter). “This is another case of weaponizing the DOJ for political purposes,” Musk added.
In its case, the company wrote, “SpaceX does not engage in any practice or pattern of discrimination against anyone, including asylees or refugees. On the contrary, SpaceX wants to hire the best candidates for every job regardless of their citizenship status, and actually hire hundreds of non-citizens.
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