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Jun 21, 2025  |  
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A former African-American In-N-Out employee is suing the company for discrimination and termination for his natural hair, according to court documents.

Per the court documents, the former employee, Elijah Obeng, a California native, claims that he was discriminated against and terminated for his natural hair and texture.

In the suit, Obeng claims he suffered emotional distress, reputational harm and loss of employment.

Obeng is seeking $3 million in damages and $200,000 in earnings he would have made during the duration of his firing and beyond.

In-N-Out Burger sign outside of California location

The In-N-Out burger chain cited crime woes for the closure of an Oakland location earlier this year.  (Robert Gauthier/Los Angeles Times via Getty Images / Getty Images)

In-N-Out declined to comment to Fox Business as they do not comment on ongoing litigation.

Obeng and his lawyer have yet to respond to initial requests for comment from Fox Business.

According to the court documents, Obeng worked at the West Coast fast-food burger chain from his high school graduation in 2020 up until his termination in 2024.

courtroom

According to the court documents, Obeng worked at the West Coast fast-food burger chain from his high school graduation in 2020 up until his termination in 2024. Obeng claims he began receiving different treatment, such as being reprimanded for minor (Spencer Weiner-Pool/Getty Images / Getty Images)

According to the court documents, Obeng went to work with his natural hair, following the guidelines of In-N-Out's grooming and uniform policy.

That policy is defined in the court documents as clean-shaven and hair kept under a hat.

As Obeng’s hair grew longer, he was instructed to either cut his hair or alter it to follow the uniform policies.

The court documents say that Obeng then braided his hair to follow guidelines, but was told by management that his sideburns, which were part of his hair, needed to be cut. 

In-N-Out employees smiling

According to the court documents, Obeng went to work with his natural hair, following the guidelines of In-N-Out's grooming and uniform policy. That policy is defined in the court documents as clean-shaven and hair kept under a hat. (Photo by Paul Bersebach/MediaNews Group/Orange County Register via Getty Images / Getty Images)

Obeng claimed to have found that request humiliating and discriminatory, according to the court documents.

Obeng claims he began receiving different treatment, such as being reprimanded for minor infractions, while other employees were not receiving the same.

He also claimed that he was scrutinized more harshly and was denied any chance for promotion or career advancement.

Some time near May 25, 2025, court documents say that Obeng was sent home to shave his sideburns, making him feel publicly humiliated since he received disciplinary action in front of other employees.

Obeng never returned to I-N-Out since a requirement to return was shaving his sideburns.

Obeng was fired a few days later due to what the company claimed was from prior write-ups, but Obeng claims it was because of his "ancestry, color and race, including his natural hairstyle and hair texture," the court documents state.

Obeng and his lawyer claim that In-N-Out went against the CROWN Act, which protects employees from race-based hair discrimination.

The CROWN Act is an official law in 27 states, including California. 

Nick Butler is a reporter for Fox Business. Do you have any tips? Reach out to Nick.Butler@Fox.com.