In-N-Out Burger is being sued for at least $3 million by a former employee for alleged racial discrimination involving the employee’s hairstyle, according to a Los Angeles County Superior Court filing.
According to the suit, 21-year-old Elijah Obeng, who is Black, said he experienced severe emotional distress after he was unfairly targeted by the burger chain’s dress code. The dress code requires its employees to wear company-issued hats with their hair tucked in, and male employees must be clean-shaven, the lawsuit says.
An In-N-Out corporate representative could not immediately be reached for comment on the lawsuit.
Obeng worked at the Compton In-N-Out location for a little less than four years. As his hair grew, he began receiving orders to change his hairstyle so it could remain contained in the company-issued hat. He began wearing braids to comply, but management still took issue with Obeng’s sideburns, which he considered important to his cultural identity, according to the lawsuit.
Obeng began to be treated differently at work after resisting the orders to shave, the lawsuit said. Management criticized his work more frequently than his fellow employees, and he was denied opportunities for promotions, according to the suit.
In May 2024, Obeng’s supervisor sent him home to shave his sideburns and then return, according to the filing. This was done in front of his co-workers, and he felt “publicly humiliated,” the suit said.
Obeng did not follow these orders and instead texted his supervisor that he would return for his next shift. A couple days later, he was fired, the lawsuit said.
In-N-Out said the termination was due to prior write-ups, but Obeng believed it to be a discriminatory action in retaliation to his resistance against the dress code policies, the filing said.
The suit said that In-N-Out has allegedly violated the CROWN Act, which stands for Creating a Respectful and Open Workplace for Natural Hair. This California law prohibits employers from discriminating on the basis of an employee’s hairstyle or hair texture.
“This policy disproportionately burdened Black employees whose natural hair may not conform to such grooming standards,” the lawsuit said.
In-N-Out’s alleged discrimination has caused Obeng “anxiety, humiliation, and loss of dignity,” the suit said.
This story originally appeared on LA Times
