A former In-N-Out employee is suing the burger chain for more than $3 million, saying he was discriminated against and fired because to his hairstyle.
According to NBC Los Angeles, 21-year-old Elijah Obeng filed the lawsuit in early June in Compton Superior Court. He accuses In-N-Out of wrongful termination, racial discrimination, harassment, intentional infliction of emotional distress and failure to prevent workplace discrimination.
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Obeng, a Black man, says he started working at the Compton In-N-Out after graduating from high school. But as his hair grew longer, he says management repeatedly reprimanded him for violating the company’s dress code, which requires hair to be tucked neatly under a hat.
Humiliating and biased orders
The lawsuit says Obeng began braiding his hair to comply with the policy, but that wasn’t enough. He says supervisors then told him to shave his sideburns, which he considers part of his cultural identity. After refusing, Obeng says he was written up for issues and passed over for promotions.
On May 25, 2024, a supervisor allegedly sent him home in front of coworkers and told him to remove his sideburns. Obeng called the incident humiliating. When he chose not to comply and instead said he’d return for his next scheduled shift, he was fired days later.
The company cited previous write-ups as the reason for termination, but Obeng believes he was let go for pushing back against what he describes as racially biased policies.
So, what are his legal rights? Discrimination laws can vary by state, but California has several laws designed to protect workers in cases like this.
California law prohibits workplace discrimination based on race, including hairstyles connected to cultural identity. Obeng’s lawsuit may rely on the CROWN Act, a 2019 state law that bans discrimination based on hair texture and protective hairstyles like braids, locs, twists and afros.
Under the California Fair Employment and Housing Act (FEHA), employees are also protected from:
- Racial discrimination
- Retaliation for asserting those rights
- Harassment based on protected characteristics
In California, policies that disproportionately impact certain racial or cultural groups — like grooming rules that punish Black hairstyles — may be illegal if they’re not essential for safety or job performance.
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What to do if you’re being discriminated against
In California, employers aren’t just expected to avoid outright discrimination; they’re also required to make reasonable accommodations for cultural expression, including hair. That matters, especially given the long history of Black employees being told their natural hair or protective styles are “unprofessional.”
If you’re facing a situation like Obeng’s, here are steps you can take to protect your rights:
1. Document everything
Keep a written record of interactions with supervisors, discriminatory comments, policy inconsistencies and disciplinary actions. Forward any relevant emails from your work account to your personal email in case you lose access.
2. Know your rights
Review your employee handbook and familiarize yourself with protections under your state’s civil rights laws. In California, visit the Civil Rights department online. If you’re in another state, look into local enforcement laws.
3. Report internally
File a formal, written complaint with HR or your supervisor. Keep a copy for your records and include all relevant documentation, and stick to the facts.
4. File with the state
If your complaint isn’t addressed, you can file a report with the Civil Rights Department in California. In other states, contact your labor or human rights agency.
5. Consider legal action
If your concerns still aren’t resolved, you may want to speak with an employment lawyer. They can help you explore options, including a potential lawsuit for discrimination or wrongful termination.
Obeng’s case is still unfolding, and In-N-Out has not publicly responded to the lawsuit. But for workers across the country, it’s a reminder that cultural expression, including hairstyles, is protected by law in many states. And when those rights are violated, employees have options.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
