A former In-N-Out employee is suing the West Coast burger chain for alleged discriminatory treatment and termination due to his natural hair.
Elijah Obeng filed a lawsuit against In-N-Out, alleging he was discriminated against and fired based on his natural hairstyle and texture. Obeng claims he has suffered damages from the termination, including emotional distress, reputational harm and loss of employment, court documents state. He is seeking $3 million in damages and $200,000 in pay he would have earned since his firing or could have earned in the future.
In-N-Out declined to comment to USA TODAY on June 18, citing ongoing litigation. Obeng and his lawyer did not immediately respond to request for comment.
Lawsuit accuses In-N-Out of ‘humiliating and discriminatory’ action
According to court documents, Obeng began working at an In-N-Out restaurant in June 2020 after graduating from high school. He continued to work for the chain until he was terminated in spring 2024.
Obeng went to work with his natural hair, in accordance with In-N-Out’s grooming and uniform policy, the lawsuit reads. When Obeng’s hair got longer, he was instructed by management to cut or alter it to fit under the required uniform hat.
In an effort to comply with the policy, Obeng began wearing his hair in braids. Management then told him, court documents state, that he needed to cut his sideburns, which Obeng found “humiliating and discriminatory.” When he did not cut his sideburns, Obeng began experiencing different treatment. He was punished for minor policy violations, like not attending work meetings, which Obeng claims his colleagues did not face, the lawsuit reads.
In-N-Out’s grooming and uniform policy is not readily accessible online, but Indeed forums indicate that male workers must arrive to shifts clean-shaven, with no facial hair.
On around May 25, 2024, Obeng clocked in for what would be his last shift at In-N-Out. Upon his arrival, management told him to go home, shave his sideburns and return, court documents state. Instead, Obeng left and texted his supervisor that he would return for his next shift.
A few days later, Obeng was fired, which In-N-Out claimed was due to prior write-ups, according to court documents. Obeng, however, alleges that his termination was because of his “ancestry, color and race, including his natural hairstyle and hair texture.”
Former employee says In-N-Out violated CROWN Act
In the lawsuit, Obeng says In-N-Out violated the CROWN Act, a law that prohibits employers from discrimination based on hairstyle and texture. Standing for “Creating a Respectful and Open World for Natural Hair,” the law was first passed in California in 2019 with the help of Dove, the CROWN Coalition and Los Angeles County Supervisor Holly Mitchell. As of June 18, the CROWN Act is law in 27 states, according to The CROWN Act website.
Greta Cross is a national trending reporter at USA TODAY. Story idea? Email her at gcross@usatoday.com.
This article originally appeared on USA TODAY: Former In-N-Out employee sues burger chain for hair discrimination
