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In-N-Out Burger has been sued by a former employee for at least $3 million on suspicion of racism, including employee hairstyles, according to a Los Angeles County Superior Court filing.

According to the lawsuit, Elijah Oben, 21, a black man, said she experienced serious emotional distress after targeting the burger chain dress code. The dress code requires employees to shove their hair in and wear company-issued hats, while male employees must shave cleanly, the lawsuit says.

Due to comments on the lawsuit, in-n-out corporate representatives were not immediately contacted.

Obeng worked at the Compton In-N-Out location for less than four years. As his hair grew, he began to receive orders to change his hairstyle. He began wearing braids to comply, but according to the lawsuit, management still had problems with Obeng’s sideburn, which he thought was important to his cultural identity.

Obeng began treating differently at work after resisting shaving orders, the lawsuit said. Management criticized his work more frequently than fellow employees, and he was denied the opportunity to advance, according to the lawsuit.

In May 2024, Obeng’s director sent him home and shaved his scrub before returning. This was done in front of his colleagues, and he felt “publicly humiliated,” the lawsuit said.

Obeng did not follow these orders and texted the supervisor instead saying he would return for his next shift. A few days later, he was fired, the lawsuit said.

In-N-Out said the termination was due to a previous article, but Obeng believed it was a discriminatory action in retaliation against his resistance to dress code policies, the submission said.

The lawsuit is said to be in-n-out violating Crown Act. This symbolizes creating an open workplace that pays homage to natural hair. This California law prohibits employers from discriminating based on employee hairstyles and textures.

“The policy disproportionately burdened Black employees whose natural hair might not meet such grooming standards,” the lawsuit said.

In-N-Out discrimination said Obeng caused “anxiety, humiliation and loss of dignity.”

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