COMPTON (CNS) – A 21-year-old Black man from Carson who is suing the In-N-Out Burger chain for at least $3.2 million, alleging he was wrongfully fired for complaining about what he believed to be discriminatory treatment by management concerning his hair, says in new court papers that management pressured him to change the styling of his locks.
Elijah Obeng’s Compton Superior Court lawsuit alleges wrongful termination, race discrimination, harassment, intentional infliction of emotional distress, and failure to prevent harassment, discrimination or retaliation. In-N-Out attorneys have filed court papers with Judge Michael Wilson seeking to compel arbitration of Obeng’s causes of action in a hearing scheduled for Jan. 22.
In a sworn declaration filed Friday in opposition to the arbitration motion, Obeng says he was a 17-year-old minor when he signed his employment agreement at the Compton store, and therefore can disaffirm the work contract.
Obeng is also invoking the CROWN Act (Creating a Respectful and Open World for Natural Hair), federal legislation that bans discrimination based on hair texture or protective hairstyles. He states that during his employment, he wore his hair in a natural style consistent with his racial and cultural identity.
“In-N-Out had grooming and uniform policies that required employees to wear hats and keep hair tucked underneath, and I was pressured to change my hair to comply,” Obeng says.
As Obeng’s hair grew, management told him to alter his hair style and or cut his hair so it would fit under the hat given all employees, he further says.
“I attempted to comply by changing my hairstyle, including braiding my hair,” Obeng says.
Even after Obeng tried to comply, he was still subjected to scrutiny and pressure regarding his hair and grooming that included remarks and directives regarding his sideburns, he contends. Obeng further states that one day in May 2024, he went to work and was sent home and told to shave, even though he had no facial hair but did have sideburns.
“Being sent home in front of co-workers was humiliating,” Obeng says.
Obeng says he was terminated a few days later.
“I contend that the stated reason was not the true reason and that my natural hair/hairstyle and my resistance to discriminatory grooming expectations were substantial factors in the adverse actions taken against me,” Obeng further contends.
According to the company’s lawyers, Obeng signed an agreement to arbitrate employment disputes when he began his employment at the Compton store and is bound by it. Obeng ignored the contract when he filed the suit last June 11, the burger chain’s attorneys further state in their pleadings.
In their court papers, In-N-Out attorneys deny Obeng’s allegations and cite multiple defenses, including a claim that any actions taken concerning Obeng were for “legitimate, nondiscriminatory business purposes” and without “malicious intent.”
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