DOJ Investigating Elon Musk For Not Hiring Foreign Applicant
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.
Post a Comment