In-N-Out Burger seeks arbitration of former employee's hair discrimination lawsuit

Former In-N-Out employees alleges wrongful termination

A former In-N-Out employees claims he was fired for his hairstyle.

LOS ANGELES - A former In-N-Out employee is suing the burger chain for at least $3.2 million, alleging he was wrongfully terminated in 2024. 

He claims he was fired for complaining about what he believed to be discriminatory treatment by management concerning his hairstyle.

PREVIOUS COVERAGE: Former In-N-Out Burger employee alleges in $3.2M lawsuit he was fired for his hairstyle

What we know:

Elijah Obeng, who is Black, filed the lawsuit in Compton Superior Court on June 11. 

He alleges wrongful termination, race discrimination, harassment, intentional infliction of emotional distress, and failure to prevent harassment, discrimination, or retaliation. 

In-N-Out attorneys filed court papers on Wednesday, seeking to compel arbitration of Obeng's claims in a hearing scheduled for January 22. 

They contend that Obeng signed an agreement to arbitrate employment disputes when he began his employment at the Compton store, and that he has "ignored the contractual requirement by filing this lawsuit."

The backstory:

According to Obeng's suit, In-N-Out requires employees to wear hats with their hair tucked underneath. As his hair grew longer, management told him to comply with this policy. 

Obeng began braiding his hair to conform, but supervisors then told him to remove his sideburns, which he considered part of his cultural identity. He found this order humiliating and biased.

The lawsuit claims that after Obeng resisted the hair policy, he experienced disparate treatment, including being disciplined for issues overlooked in other employees. 

His work was also scrutinized more, and he was denied chances for promotions. 

On May 25, 2024, Obeng's supervisor sent him home to remove his sideburns, an incident that left him feeling humiliated in front of co-workers. Rather than comply, Obeng informed his boss he would return for his next scheduled shift. 

He was fired a few days later, with the company citing past write-ups. 

However, Obeng believes his termination was due to his resistance to alleged discriminatory orders. 

The other side:

In separate court papers filed on Thursday, In-N-Out attorneys denied Obeng's allegations. 

They cited multiple defenses, including a claim that any actions taken concerning Obeng were for "legitimate, nondiscriminatory business purposes" and without "malicious intent."

What's next:

In-N-Out attorneys seek to compel arbitration of Obeng's claims in a hearing scheduled for January 22.