Elijah Obeng, a former In-N-Out employee who happens to be Black, has filed a $3 million discrimination lawsuit against the company after he was fired for his hair. Per the complaint, In-N-Out is accused of failing to prevent harassment, harassment based on race and intentional infliction of emotional distress, as well as failure to prevent harassment, discrimination, or retaliation.
A former In-N-Out employee says he faced hair discrimination
According to KTLA 5, Obeng’s lawsuit states that he faced discrimination as a result of In-N-Out’s dress code. Per the lawsuit, employees are required to tuck in their hair and wear In-N-Out’s hats. The dress code also requires men to be clean-shaven.
Obeng said management required him to change his hairstyle and comply with the restaurant’s policy as his hair grew. He added that In-N-Out specifically told him he needed to cut or change his hair to make sure it fits under the hat.
Obeng said he braided his hair to comply with In-N-Out’s rules, but he was then told he also needed to cut his sideburns. In the following days, Obeng said he faced consequences and lost opportunities for promotion.
The former In-N-Out employee’s lawsuit cites the CROWN Act
When his supervisor told him to go home and shave, Obeng said he only had natural sideburns, which are part of his hairstyle. A few days later, Obeng said he was told that he is fired due to his “natural hair and resistance to discriminatory policies.” He described the experience as “humiliating and discriminatory.”
Obeng’s lawsuit cites the CROWN Act—which stands for Creating a Respectful and Open Workplace for Natural Hair—the California law which protects employees from discrimination based on their hairstyles and hair textures.