A former In-N-Out employee has filed a $3 million lawsuit against In-N-Out, alleging that he received discriminatory treatment and was eventually fired due to his hairstyle.
Elijah Obeng, a Black man, filed his lawsuit in Compton Superior Court and said he suffered from severe emotional distress, reputational harm and loss of employment.
He is accusing In-N-Out of wrongful termination, discrimination based on race, failure to prevent harassment, harassment based on race, intentional infliction of emotional distress, and failure to prevent harassment, discrimination or retaliation.
In-N-Out declined to comment, citing ongoing litigation.
Obeng said in the suit that he was unfairly targeted by the burger chain’s dress code, which requires employees to wear company-issued hats with their hair tucked in. Men are required to be clean-shaven, according to the lawsuit.
However, as his hair grew, Obeng said he was instructed by management to change his hairstyle to comply with company policy. Specifically, he was advised to cut or alter his hair so that it could fit entirely under the uniform hat, according to the suit.
Obeng stated that he braided his hair to comply with company policy, but management advised him to cut off his sideburns, which Obeng found “humiliating and discriminatory.”
Obeng stated that he began experiencing different treatment, such as being reprimanded for minor infractions, having his work scrutinized more harshly and being denied opportunities for promotion and advancement.
Around May 25, 2024, Obeng stated that his supervisor instructed him to go home, shave and return. However, Obeng noted that he didn’t have any facial hair other than natural sideburns that were part of his hairstyle.
His coworkers also witnessed the interaction. Obeng stated that he felt “publicly humiliated” during that moment.
A few days later, Obeng was fired and claimed he was let go due to his “natural hair and resistance to discriminatory policies.” In-N-Out claimed he was let go due to prior write-ups, according to the suit.
The lawsuit states that In-N-Out violated the CROWN Act, which stands for Creating a Respectful and Open Workplace for Natural Hair. The California law prohibits employers from discriminating against employees based on their hairstyles and hair textures.
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