Why is recruiting Americans a difficulty—some would even argue a deterrent—in the US

SPACE EXPLORATION TECHNOLOGIES CORP. d/b/a SPACEX, falsely stated that recruiting only U.S. citizens and permanent residents was prohibited by federal export control laws, according to the complaint, which was submitted to a department administrative court.

Welders, cooks, crane operators, baristas, dishwashers, information technology specialists, software engineers, business analysts, rocket engineers, and marketing experts are just a few of the jobs that SpaceX hires and recruits for. The positions under question in this lawsuit are not just those that call for advanced degrees.

Because SpaceX works with specific goods, software, technology, and technical data (together referred to as export-controlled items), the company is subject to export control laws and regulations, such as the International Traffic in Arms Regulations and the Export Administration Regulations. Asylees, refugees, lawful permanent residents, citizens of the United States, and nationals of the United States employed by U.S. corporations are all permitted to obtain export-controlled goods under these restrictions without a government permit. SpaceX is therefore not required by these rules to treat refugees and asylees any differently from citizens of the United States or holders of green cards.

Migrants who have fled persecution to the United States are known as refugees and asylees. The US government thoroughly screens them before granting them status. Employers are prohibited under the INA from treating them unfairly when it comes to hiring, unless this is mandated by law, regulation, executive order, or government contract. As stated in the complaint, SpaceX was not required or authorized by any law, regulation, presidential order, or federal contract to participate in the pervasive discrimination against refugees or asylees that the department’s inquiry discovered.

Citation: Justice Department Sues SpaceX for Discriminating Against Asylees and Refugees in Hiring. 2023 Aug 24. Justicegov. [accessed 2023 Oct 19]

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