SpaceX Countersues Hiring Discrimination Lawsuit By DOJ

The SpaceX Falcon Heavy rocket sits on launch pad 39A at Kennedy Space Center as it is prepared for tomorrow’s lift-off on February 5, 2018 in Cape Canaveral, Florida. (Photo by Joe Raedle/Getty Images)

OAN’s Elizabeth Volberding
4:40 PM – Thursday, November 9, 2023

Elon Musk-owned company SpaceX succeeded in a court order that stopped the Department of Justice’s hiring discrimination lawsuit from proceeding.


On Wednesday, SpaceX won a court arrangement that would block the United States Department of Justice’s (DOJ) lawsuit. According to the report, the lawsuit claimed that the rocket company discriminated against “immigrants and asylum seekers” throughout its employment hiring process.

U.S. District Judge Rolando Olvera in Brownsville, Texas, rejected the DOJ from proceeding with its case, declaring that the administrative judges who work on anti-immigration bias cases at the DOJ were not “properly appointed.” 

In a post on X, formerly Twitter, Musk said that SpaceX “was told repeatedly that hiring anyone who was not a permanent resident of the United States would violate international arms trafficking law, which would be a criminal offense,” Musk claimed. “This is yet another case of weaponization of the DOJ for political purposes.”

The SpaceX founder and CEO stated that this is another case of “weaponization” by the DOJ for the sole purpose of politics.

In the lawsuit, which was initially filed in August, the DOJ stated that the rocket company regularly prevented refugees and asylum seekers from applying for jobs at the company, did not review applications submitted by refugees and asylum seekers, and routinely denied applicants based on their specific citizenship status. 

SpaceX reportedly quoted control laws such as the International Traffic in Arms Regulations for its hiring standards due to the fact that rockets are considered “advanced weapons technology,” according to the lawsuit.

Musk’s company then decided to pursue a dismissal of the case, creating its own lawsuit that rejected the claims and said that the allegations against SpaceX are “unconstitutional.” 

According to the complaint, the company argued that the administrative law judge in charge of the federal government’s case has “unconstitutional insulation from Presidential authority.” 

Additionally, SpaceX claims that because the case is being heard in an administrative proceeding, rather than a federal court, it is being denied its right to a jury trial.

The Texas judge complied in Wednesday’s decision, asserting that the Constitution mandates that the judges be selected by the president and accepted by the U.S. Senate.

However, this is not the first time that SpaceX has been accused of “discriminatory tendencies.” In October, a former-SpaceX employee filed a lawsuit against the company that claimed females and minorities were paid less than “their white male counterparts.” Tesla, another Musk-founded business, also dealt with another lawsuit in 2022 when several Black employees claimed that they were victims of racial discrimination at Tesla’s factory in California.

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