A judge has ordered arbitration of a lawsuit filed by a 21-year-old Black man from Carson who is seeking $3.2 million from the In-N-Out Burger chain, alleging he was wrongfully fired for complaining about what he believed to be discriminatory treatment by management concerning his hairstyle.
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. On Jan. 22, Judge Michael Wilson granted a motion by In-N-Out attorneys to compel arbitration and place a stay on the case pending the outcome. The judge also scheduled a post-arbitration status conference for Aug. 31, 2027.
According to the company’s lawyers, Obeng signed an agreement to arbitrate employment disputes when he began his employment at the Compton location and is bound by it. Obeng ignored the contract when he filed the suit last June 11, the burger chain’s attorneys further stated in their pleadings.
In a sworn declaration filed in opposition to the arbitration motion, Obeng said he was a 17-year-old minor when he signed his employment and dispute resolution agreement at the Compton store. He contended that given his age he could later disaffirm the work contract.
However, the judge said he found that argument unconvincing given that one of his parents was also required to sign the agreement. Wilson also rejected Obeng’s attorneys’ argument that the arbitration agreement was unfairly weighted in favor of In-N-Out, saying they had shown at best only minimum rather than substantive unfairness.
Obeng further said in his declaration 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 said.
As Obeng’s hair grew, management told him to alter his hairstyle and or cut his hair so it would fit under the hat given all employees, he further contended. But he said that even after he tried to comply, he was still subjected to scrutiny and pressure regarding his hair and grooming.
In May 2024, Obeng was sent home and told to shave, even though he had no facial hair but did have sideburns, and he was left feeling humiliated, he said.
Obeng said he was terminated a few days later.
In their previous court papers, In-N-Out attorneys denied Obeng’s overall allegations and cited multiple defenses, including a claim that any actions taken concerning Obeng were for “legitimate, nondiscriminatory business purposes” and without “malicious intent.”