An individual who was previously employed by In-N-Out has filed a $3 million lawsuit against the company, claiming that he was subjected to discriminatory treatment and ultimately terminated as a result of his hairstyle.
Elijah Obeng, a Black man, filed a lawsuit in Compton Superior Court, alleging that he experienced severe emotional distress, reputational harm, and a 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 provide a response, citing ongoing litigation.
Obeng claimed in the lawsuit that the burger chain’s dress code, which mandates that employees wear company-issued hats with their hair tucked in, unfairly targeted him. The lawsuit mandates that men maintain a clean-shaven appearance.
Obeng stated that management instructed him to modify his hairstyle in accordance with company policy as his hair continued to grow. In particular, the suit recommended that he cut or modify his hair to ensure that it could be completely concealed under the uniform hat.
Obeng claimed that he braided his hair to adhere to company policy; however, management recommended that he remove his sideburns, which Obeng deemed “discriminatory and humiliating.”
Obeng reported that he began to encounter a variety of treatment, including the denial of opportunities for promotion and advancement, the reprimanding of minor infractions, and the increased scrutiny of his work.
At approximately May 25, 2024, Obeng reported that his supervisor directed him to return to his residence, shave, and then return to work. Conversely, Obeng observed that his hairstyle consisted solely of natural sideburns, which were the only facial hair on his face.
The interaction was also observed by his colleagues. Obeng declared that he experienced a sense of “public humiliation” at that time.
Obeng was terminated a few days later and alleged that his termination was precipitated by his “natural hair and opposition to discriminatory policies.” According to the lawsuit, In-N-Out claimed that he was terminated as a result of previous write-ups.
The lawsuit alleges that In-N-Out violated the CROWN Act, which stands for Creating a Respectful and Open Workplace for Natural Hair. Employers are prohibited from discriminating against employees on the basis of their hairstyles and hair textures under California law.
