For those of us familiar with the legal term “Disparate Impact” this report today will make sense. However, if you don’t know that it is unlawful to hire an “ineligible” applicant, the DOJ action seems ridiculous, which it is.
Under legal interpretation rules of “Disparate Impact” it is unlawful not to hire illegal aliens. If a company uses eligible (legal) work authorization status as a requirement on employment applications (when making hiring decisions), and if the use of legal work eligibility is used as a qualifier, and the eligibility (qualification) standards disqualify a protected class (nationality, ethnicity) at a disparate rate, then it is unlawful not to hire illegal aliens.
Read the emboldened paragraph below carefully.
WASHINGTON DC – The U.S. Department of Justice is investigating SpaceX over whether the company discriminates against non-U.S. citizens in its hiring practices and said Elon Musk’s company is stonewalling a subpoena for information, court documents revealed Thursday.
The DOJ’s Immigrant and Employee Rights Section received a complaint of employment discrimination from a non-U.S. citizen claiming that the company discriminated against him based on his citizenship status.
“The charge alleges that on or about March 10, 2020, during the Charging Party’s interview for the position of Technology Strategy Associate, SpaceX made inquiries about his citizenship status and ultimately failed to hire him for the position because he is not a U.S. citizen or lawful permanent resident,” DOJ attorney Lisa Sandoval wrote in a court document filed Thursday. The document was a request for a judge to order SpaceX to comply with an administrative subpoena for documents related to how the company hires. (more)
This may or may not be a disparate impact case. Ultimately, that is what the DOJ is once again seeking to discover.
I am old enough to remember a time when the DOJ went after someone we knew who was the criminal. Now it seems more and more that the DOJ is the criminal.
Aye carumba!
If they would have hired this person, would they then have been liable for violating the law stating that only US Citizens, or people authorized to work in the US are eligible for employment? Since the applicant was neither a US Citizen, nor was he/she authorized to work in the US via a visa or work permit, Space X was justified in NOT hiring this person. So which is it? Do we have a law, and follow it, or do we not have laws, and just do things willy nilly, as the wind blows/
We have laws that undermine laws. Win Win for DOJ.
Wow, What a Giant waste of Time & Money. If Space X requires US citizenship or Legal status for employment what is the issue? If the Space X department is working Government Contracts they will require US Citizenship. This is getting really stupid.
It wouldn’t surprise me if Biden signed an executive order making it a criminal offense to hire a legal American citizen over an illegal alien.
It’s called a ‘Shakedown’…..Exactly what the Mafia and Cartels do to get a ‘Cut’ of the action….in this case it’s about getting a cut of Musk’s money….
Discrimination against CCP members.
According to former Federal attorney ShipwreckedCrew, during his last years at the DOJ, during the Obama Administration, hiring became highly partisan. He saw the writing in the wall, and left for private practice.
Elon took too many positions on Twitter against the establishment.
So they’re coming for him using the PDJT BS investigations toolkit.
In other words, the DOJ wants to fish around with SpaceX. And they have a complaint to use as a nose under the tent, as the excuse to look around.
The only thing missing is Gloria Allred at a press conference surrounded by more victims
Up is down. Left is right. Good is bad. Illegal is legal. So what comes after Cold Anger?
What? My company includes, in job postings, ‘Employment eligibility to work with (company name) in the U.S. is required as the company will not pursue visa sponsorship for..’
Illegal aliens are being given work eligibility? When do we get to stop this?
One word: ITAR.
The DOJ gets more assanine by the hour!
This is because Elon took the side of the little guys in the GameStop kerfuffle.
My hunch – China is wanting to get SpaceX technology. So they want info on hiring practices from SpaceX. The supposed incident happened last March, and it just so happens that they just now decided to file this request – after Biden acquires the presidency. Don’t get hung up on foreigners south of the border.