The Department of Justice sued SpaceX today (8-24-23) charging that they company wrongly claimed that U.S. export regulations prohibited them from hiring foreign persons.
The Immigration and Nationality Act anti-discrimination provision generally prohibits employers from discriminating based on citizenship, immigration status or national origin during the hiring process, including by imposing unnecessary documentary demands as a condition of employment. This law also prohibits employers from asking for more documents than necessary or specific documents when checking an employee’s permission to work because of citizenship, immigration status or national origin. Federal law allows workers to choose which valid, legally acceptable documentation to present to demonstrate their identity and permission to work, regardless of citizenship, immigration status or national origin.
This has become a point of emphasis and the department issued a new fact sheet to help employers avoid citizenship status discrimination when complying with export control laws. https://www.justice.gov/crt/page/file/1579981/download
Companies should review their hiring practices and employment applications and job listings to ensure that you are in compliance with Immigration and Nationality Act policy.
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