In-N-Out Discrimination Suit Alleges Unfair Hiring Practices

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In-N-Out Burger, a longtime fast-food staple on the West coast, is being accused of discrimination when it comes to their hiring practices, and they’re fighting back.

When two African-American men, both aged over 40, applied for jobs at the restaurant recently, they were both turned down despite being qualified. Now, they have filed a suit against the chain for discrimination on the basis of race and age. Out of thousands of employees, the men claim very few are either black or over the age of 40. They are seeking a change in hiring policy as well as monetary compensation for individuals who have been unfairly denied employment.

The attorney for the two men, Steve Tidrick, said the suit alleges that In-N-Out Burger has “a pervasive policy of discrimination on the basis of race, color and age” in its hiring practices and seeks to end those practices through injunctive relief. But the restaurant owners don’t agree.

Arnie Wensinger, vice president of the company, said, “We hire from our local communities and our restaurants reflect the demographics of that community. The company will aggressively defend itself against these baseless and irresponsible allegations.”

In-N-Out Discrimination Suit Alleges Unfair Hiring Practices
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  • Ron

    Men over the age of 40 – Black, White, Hispanic, etc. – shouldn’t be working at In-N-Out, unless they’re owners/managers. Leave the burger flipping to teenagers and find a real job. Why am I not surprised they’re seeking monetary compensation for “individuals who have been unfairly denied employment”? Yeah – the two individuals filing the suit maybe. It’s not unfair – it’s reality. You don’t deserve to be paid for a job you DIDN’T get. Bottom line – if a younger, smarter, more enthusiastic young person applied for the job, the company would be stupid to hire you.

    • http://webpronews SamO

      Well said!

    • Rick

      To Ron,WHO ARE YOU TO DICTATE WHO CAN DO WHAT AND WHEN IN MY COUNTRY. The problem with america now-a-days is that idiots like you think they can tell anyone what to think and what is right. Who cares if someone in their 40’s, 50’s wants to do. If they have the experience and are ok with the requirements of the job, they have they same rights to that job. Obviously you know nothing about in-n-out, they actually pay very good for entry level work. You work your butt off their because every location is very busy. You opinion means nothing, because it’s based on your individual perception of what ” Men at that age should be doing ” not what america is about, opportunity for all, no matter age, religion, religion, sex or race.

      • Dave

        …and who are you, Rick, to say who a privately-owned family company should or should not hire? It cuts both ways, baby. What about all the other applicants for the job? Do they not have the same “right” to the job? Just because you happen to be old and black doesn’t mean you have special rights.

        What’s a 40-year old guy doing looking for work at a fast-food joint anyway? Oh,yeah, privately-owned family companies that don’t rely on government hand-outs are where the jobs are. I forgot.

        • Rick

          It’s called the law moron. The company has the right to hire who is best for the job. When it has been documented that certain elements have been overlooked in hiring practices it raises questions. Discrimination has many different ways of raising it’s ugly head. There are allegations at this point; nothing more. In-n-out will still get my business because of their consistant excellence of their product, if they are being traded publicly, I would sell my shares in a heart beat. Lastly, just because they are family owned, doesn’t mean they can skate the law … Baby. Btw you brought up government hand outs, how many do you collect? Wasn’t even mentioned in this article, oh yeah that’s right you must be white and think all black men over 40 want the government to take care of them. Loser

      • Lisa

        Hey Rick, go fry an egg!!! Its a private companyWho are you to dictate to them??? Friggen liberal!!!

    • PJ

      What makes you think younger is better even if they have those qualities? I see a lot of older customers at the IN-N-Out location closest to where I live. What’s wrong with an older person flipping burgers? And God knows the younger generation working in fast food chains are anything but smart and enthusiastic. They lack English skills, they murmur and have no manners (we won’t even get into the picking nose and scratching in their pants). I think I would prefer to be served by older employees – more chance they have washed their hands, taken a bath and can understand me and I can understand them.

      • Lisa

        Well lets see, these older people can also go to McDonalds, Carls Jr, Jack-In-The-Box, etc who are not only US companies, but publicly held companies. OOOPs, you either have to be hispanic or know spanish to even be considered for a job. My bad. Why isn’t there any law suites there? Thats right, not enough whites!

    • Rick

      Post script to Ron, if you were stupid enough to try and run a company, you would be out of business as soon as your start up funds were exhausted. Typing on a site at 11 am means your probably, if employed, an overpaid mid-level yes man kissing butt to keep yourself afloat. It would be fun to watch a “smart man ” like you try to get a job now-a-days. Being a medical professional offers a great deal of opportunity to keep up with education and watching the bright and hard working achieve their goals. BTW I am also in my 40’s and I enjoy watching opinionated jerks like you sputter when the roles are reversed. I see it all the time and hear about just about as much. ” Men ” like you should use your brain before you start to type.

    • ShempTastic

      Hey Ron, the economy stinks! Good Jobs are hard to find. Even though its flipping burgers, In & Out pays above minimum. Would you prefer these men to go on welfare?

    • Dubber Rucky

      This is a tricky subject to get involved in, but here goes. What ever happened to the days when a business could hire whomever they wanted? They are in business to make money, they are not government entities, and why would a person bring a law suit against a business because they were turned down? It is apparent that they will not work there, and if forced to, the work environment will not be the most pleasant, so why bother? One thing that has always bothered me. Jews and Mormons (and probably other groups) show preferential treatment to their “own”. That’s a good thing to take care of your brothers. Am I just not seeing it, but why do blacks that really make it, seem to turn their backs on their own group? With help from their own community, these two men could form their own group with backing from their community and buy their own franchise – then hire who they see fit to hire. Or, these men can move to Houston. I work and live in the Med Center area and rarely see a white or Asian face in ANY service position. This doesn’t bother me, but it is rather apparent.

    • http://yahoo Paul

      Ron, your comment that men over the age of 40 shouldn’t be working at In-N-Out, is ignorant. Lots of men my age (I am 57) have been displaced by companies so that they can hire a younger person, pay lower wage, less weeks of vacation, lower health care premiums, and we find it difficult to get hired at our age, but we need to pay our bills, so we can swallow our pride and apply for any job.
      I do agree they shouldn’t be paid for a job they didn’t get. But then your last line ” if a younger, smarter, more enthusiastic young person applied for the job, the company would be stupid to hire you”, again shows your ignorance. If someone in their 50’s or 60’s is applying for a fast food job they are probably desperate to get work to pay their bills and probably would be more responsible to always show up on time, not call in sick to get a day off if they aren’t sick, and be more grateful to be employed in these troubled times.

  • al n

    Here’s several truths from the job front:

    I’m in the US’s long term unemployed, with a long corporate background in C/middle management mostly. I’ve long reached the point where I’ve applied to every fast food restaurant in my community.

    For whatever reason, many fast food places will hire the elderly if they are women. Go look.

    The hiring managers in these places are likely in their 30s, and seem astonished that someone at 60 really wants a fast food job; my experience was to be met with amusement or antagonism.

    I’ve been asked if I can speak spanish. I can not.

    I’ve been asked if I can keep up. I’m fit.

    Many of these places now check credit records. Mine now is garbage.

    • http://yahoo Paul

      Al N, sorry to hear your story, it is the unfortunate truth that people like you and I (I am 57) are reduced to applying for fast food jobs to put food on the table.


    Another poor poor handout seeking low rent bunch of people.

  • wavygravynet

    The pool of the unemployed has changed drastically over the years, and apparently, this particular hamburger chain failed to keep with the times. Unemployment is no respecter of race or age, and potential employers need to understand that qualified people have as much right to employment as anyone in society. This hamburger chain needs to bend its learning curve if it wants to remain successful.

    • Rick

      Well spoken point of view sir.

    • Dave

      Perhaps. But what we don’t anything about the other applicants for the position. Perhaps the other applicant were a) more qualified, b) just as qualified. Having to prove beyond resonable doubt that these two men were denied employment because of their race/age is a pretty tall order. Due to Mr Obama’s failed policies I imagine there were many applicants…most well qualified…and In-N-Out will have no problem whatsoever demonstrating no bias.

      I wonder if this is another scam, like sending a “disabled” person into a business for the single purpose of checking ADA complience. Send two old black guys in to apply for a job and when they don’t get the job for any number of reasons, cry foul.

      • Mike

        In civil suits you don’t have to prove beyond a reasonable doubt. That is criminal law. In civil law its “preponderance of the evidence” or “balance of probabilities.” More true then not true is another way to put it. Big difference though. I don’t know whether these guys have any case or not.

    • Peter

      BS. In-N-Out has remained an outrageous success because they refuse to bow or cave to employing low-lifes, incompetents, lazy and most of all PC scum sucking trial attorneys and race hucksters out looking for a quick buck. The company has very stringent requirements of their employees and race, religion and sex are NOT, NOT,NOT, NOT,NOT, NOT,NOT, NOT,NOT, NOT,NOT, NOT, part of their criteria. I eat at 6 of them in my travels and all employ mixed races (and they all carry their weight – not a lazy employee to be seen).
      That they pay their employees well (compared to other food service jobs), promote a honest working ethic and insist on nothing short of perfection from every employee. And you won’t find a cleaner establishment.
      You either cut the mustard with what is require or hit the bricks. Simple as that. There are plenty of KFC and Burger Kings perfectly happy to hire third string .

      • http://yahoo Paul

        well said

    • Lisa

      In-N-Out is sucessful because they stick to what they do best and the majority of people like. As a private company, they don’t have to bend to anyone. Don’t like it? go someplace else like McD. In-N-Out will still be around and hiring kids who need part time jobs.

  • joe

    yet it’s ok for them to vote for the president solely because of the color of his skin. (see recent poll – 100% of black people are apparently voting obama. yep there’s a bunch that aren’t, but when you crunch the numbers, they don’t even add up to 100%)

    i guess he’s not working out too well on that ‘jobs’ thing but his skin is dark so let’s vote for him even though we’re 40 and we’re applying for a job at in-n-out because that’s all that’s available (after obama’s policies have suffocated personal wealth and business in the midst of needing air), and then whining about getting rejected. not just whining – SUING to FORCE the issue … let’s be honest, to get free money. this is the entitlement attitude in full display. just a different version of losers trying to get free stuff – a la sandra fluke. whether or not they win the lawsuit, they are pathetic. in-n-out pays way better than any fast food restaurant i’ve ever seen – of course they’re more selective, they pay more.

    either they knew how creepy it would be for 2 old dudes to work there, and planned to sue before they even applied, or they really are so pathetic that this is their last resort.

    Thank Obama for both the attitude and the economic climate that made this possible.

    • joe

      whoops, correction –

      they don’t even add up to *1%

      how else do you explain it? they just all ‘happen to ALL think alike on ALL the issues they are all FULLY up to speed on’? THAT’S not the case.

      • Manny

        Good point. People only really started suing for stupid reasons after Obama was elected.

    • Rick

      Joe, you must be so afraid of black people, that it’s pathetic. I am white and several of my long time friends are black. The law suit has to do with hiring practices, not your paranoia of our President. Go away to your country hovel, get a box of smokes and start calling your kissin cousins, because that is what you sound like: a scared little white coward. You also have selective memory dis-order, it was your village idiot GW Bush and his cronie’s that have us climbing out of the hole they dug us, while like minded morons as yourself have been fighting every step, because of one thing: you think you are better than everyone else. Sorry to inform you … your not, get over it.

    • http://yahoo Paul

      Joe, if it is anyone needing air it is you. There is no one that could have followed Dubyah, and the Evil Emperor Chaney, not even Saint Ronald Reagan, that after the damage done to the economy from 2000 to 2008 could have fixed it in four years. President Obama’s policies hardly suffocated personal wealth and business, as he kept the Bush tax cuts and the goosestepping Republicans in Congress voted in lockstep to stifle anything to try to help the country. The Republican leader in the House even said 2 years ago that their main priority was to get President Obama out of the White House, NOT to get the economy moving, and help the country, but to get President Obama out of the White House. Those are people that should be looking for a job.

  • Anthony

    Mmmmm… I know what I’m getting for lunch today!

    • Rick

      Me too !!! a cholesterol nightmare !!! 4×4 animal style … hold the tomatoes & an order of animal fries & chocolate shake !!! Yeah baby !!! That’s what a Hamburger is all about !!!

      • http://yahoo Paul

        Damn, I wish In-N-Out would open in Oregon. There are so many Californians living up here, they would make bank.

  • Karla

    I think its true they only hire White People, I have been in different places even in neighborhood were the majority are Filipinos and Hispanic and they have only white people working, there is a place where the 80% are hispanics and they have White Mexicans (from Mexico city where the people are blonde with color eyes) working in the restaurant, so I think yes they are racist.

    • Martha

      Sorry Karla, but the people from Mexico City are NOT blonde with colored eyes! You might want to do better research.

      • Hanna

        Sorry Martha, My dad is white from Mexico city, German/Spaniard all the way through. He is not the exception at all. You can be ANY color and and be Latin American. There are TONS of purely European descendents throughout Latin America, and a crapload in D.F (that’s Mexico city for people who haven’t done their research… or aren’t familiar). You might want to do better research, or be less of an idiot.

        As for the In-N-Out, I wasn’t there, I didn’t see how the interview was conducted.

      • Rick

        When was the last time you got out of your double-wide trailer Martha ?

      • http://yahoo Paul

        Martha, Oh snap!

    • http://yahoo Kevin

      I have seen plenty of hispanics and blacks working In N Out is predominantly white neighborhoods. Two malcontents is all this story is about.

    • rody

      I visit the In and Out in Santa Clarita and there are two maybe three blacks working there. They are young college kids which they seem to like to hire. They like helping the young and hope they will work up thru the ranks to management.

    • danny

      From the looks of your grammer and spelling, I doubt that you could get a job there ether, Karla

    • Lisa

      Let them be rasist if thats what you think. Its a free country and they are a private company. They are not going around hurting anyone. If people are upset, then don’t do business there.

    • Rick

      Karla I see at every In-n-out a cross section of american citizens serving me a consistently great meal. There are questions being asked if they discriminate against certain groups of men and their racial origin. I must admit it has been a long time since I have seen an african american male flipping a burger in an In-n-out location. That doesn’t mean that there are none working there. at this point questions are being raised, but to label a company as being racist until they have had a chance to explain themselves in court is stupid. That may fly where you are from, but not here little girl. Innocent until proven guilty, and not by public opinion. This isn’t american idol.

      • http://yahoo Paul

        Karla, Oh snap, I loved the American Idol comment, Rick

  • http://Facebook Pamela Bunting Lewis

    Well, I like their burgers but I really found them to be a bit on the exclusive side with their clients. That is fine. Fast food needed to come up a notch or two. AS for the black people feeling persecuted, that could be but they also have to remember that they are only 17% of our national population. Sometimes the black people seem to feel that they are the only ones who live in the United States of America and that it is all about them. It is not. We are all here. Pamela Bunting Lewis September 7th, 2012. “Get a life.”

    • Karla

      You are right

    • http://yahoo Paul

      Pamela Bunting Lewis, wasn’t that you I saw at the Peninsula Club? Did the minority staff treat you with the proper respect due you as a snooty WASP? Did I see you at the recent Republican Convention with all your High Society white friends? In-N-Out is exclusive with their clients? LOL What you have to belong to the In-N-Out Country Club to get in? Does In-N-Out have doormen that keep the riff raff out? Sometimes it is the white people like you, that seem to feel that they are the only ones who live in the U.S. of America and that it s all about them. Seriously, you need to look in the mirror before you tell someone “Get a life”. By the way I am white, and you embarass me and other whites.

  • Jan

    In-N-Out does not discriminate. We were told some years ago, that you work your way up to manager. You start at the bottom, and work you way up. If these two people applied for manager, from what we know that is not how they as a family owned business operate….

    • joe


      right on

  • hogrider(fatties)

    Wow black people know how to file a lawsuit? And here I thought they only new how to collect wellfare checks and degrade their race and community.

    • Casey Brown

      I`m a black man and I agree with you.These knuckle heads are a disgrace to my race.

    • http://yahoo Paul

      hogrider, you really showed your ignorance and that you are a racist. Was that you I saw in the audience at the Republican Convention?

  • tacey

    if you think that I-N-O only hires white people guess again .. i’ve seen white, black, asian and hispanic folks working there. as a fiercely privately held company (they’ve resisted sale offers in the past and adamantly REFUSE to franchise) they can pretty much do whatever they want- w/in reason. if 2 black gentleman over the age of 40 wish to apply for employment there go ahead – if they’re qualified, they’ll get the job. if not, they won’t. if they’re gunning for a management position out of the gate, i’d suggest they apply at Nations. I-N-O only promotes from within from the ranks.

  • Jesse

    This has been a fact for years. In-N-Out is the Abercrombie and Fitch of fast food. Frankly, I’m surprised that it has taken this long for them to be sued.

    I once asked the manager of the In-N-Out in Pomona, CA (Pomona is majority Hispanic and black) why there were no blacks working there. He mumbled we normally hire college students. What? I’m sure the word in Pomona is don’t even apply at In-N-Out unless you are white and model looking.

  • js

    Sounds like a someone wants a free ride. This company has been around a long time and for 2 unemployed guys to claim the same sounds more of a scam than anything else. I hope In n Out wins and they send these two back to keep looking for work and earn it not expected it, thats how a lot of black people think.

    • Alfred Smith

      how do you know that’s how “a lot” of Black people think? Do you KNOW “a lot” of Black people, or are you drinking the neighborhood kool-aid? Go outside more.

  • alycia

    I am so sick of these effing lawsuits. I wasn’t hired by Macy’s even though I am more than qualified.
    I’m over 30, white & female. No, I didn’t attempt manangement. Most of their employees are black, forgeign or elderly. Should I file a lawsuit too for discrimination or get OVER IT.

  • sue me

    prove it!!!!!!!!!! always looking for a hand never ends

  • MOM OF teens

    When my husband was laid off and said..Dang! I should apply at In-N-Out it’s such a great co!…I told him SHame on you leave those jobs for the teens…EVERYONE there starts at the bottom with peeling potatos…(my two sons worked there) AND THEIR FELLOW….teen…..WORKERS WERE COMPLETELY DIVERSE! i GUESS if you can sue for hot coffee..being hot what else can people! idiots!

    • samuel

      MS : BALL you are right back in the day i had 5 young people to try out for some jobs and my so called equalmanger who was Latino did not hire anyone . as the months went by his division was all Latino . so i found the 5 kids took them to EEOC and they filed a law suite and won 1986 L A CALIF . my latino buddy to this day does not know it was me…..

  • MissBall

    There is over two dozen Mexican restaurants ( most family owned) that only have Hispanic employees. There is no white or black people at all, but no one goes after them for discrimination. On all applications in our valley, it is now required to speak Spanish, hence even at the County jobs, only Hispanics get hired. The same with any company with a Human Resource department who hires someone who is hispanic because they speak spanish and they only hire their friends and family who also speak spanish. This is discrimination. Not two black guys that are targeting a white family owned restaurant, and didn’t get hired. Try speaking Spanish!

  • Accountant1

    Why is it everyone thinks a company should be made to hire minorities, the elderly, etc. If any of these people new anything about business, they would know that it has nothing to do with the color of the skin or even age. I good business man, or woman, would hire the person that is best for the company. I own a company and do not like being told I have to hire minorities or the elderly because I do not have a diverse enough staff. Dont tell me who I need to hire! Its my business!

    • samuel

      you need to walk 1 yard in their shoes young man or just being Black in America is all you need to know kid

    • Jesse

      No one tells you who you have to hire. But the law does not allow you to discriminate based on race, gender, religion, etc. As a business owner, I’m sure you’re smart enough to know the difference.

    • Jethro Beaudine

      you’re right it is your business and you have the right to hire any one you want. You are also right that a good business person will hire the most qualified person for the position. No matter whar kind of business it is what make you think that a person of color or elderly person couldn’t perform the job as well, if not better than the non-person of color that is younger. I think what you need is to come down from your ivory tower and take a good look around because people of color and the elderly are creating changes that if you’re not watching will steam roll all you narrow thinking people.

  • C James Tournbleau

    I have never seen so many bright and shiny faces since Leave it to Beaver went to vist Mayberry RFD.

    • http://JayJay jkm198579@yahoo.com

      Ha Ha

  • http://Yahoo Mag

    Bottom line is they are a private company so wheather or not they discriminate is their business. If you don’t like their practices, don’t patronize them.

    • R. Sirls

      Whether, not wheather…

    • Mike

      Obviously you don’t know the law with your statement. A private company can not discriminate inhiring based on age, skin color, religion etc. Maybe you have never worked before because I am sure it is posted in every work place. I am still not sure this case has any basis but there are law on it.

  • Lee M

    This suit is definitely warranted. I’ve gone to In-N-Out for years, and it’s always shocking how virtually everyone working there is a young white guy or girl between the ages of 16 and about 24. I knew they’d be sued.

    • fred

      Thats why they are the best!!!!

      • R. Sirls

        This guy Fred must be a lonely, white teenager. His community needs to keep an eye on him…possible candidate for distructive, nonsocial behavior.

      • Robert

        Hmmm, maybe here in Georgia, we should sue Checker’s. They never seem to have any white people working there, just blacks.Seems to me, if it’s your business, you can,and should hire who you want, law be da!#ed!

      • http://JayJay jkm198579@yahoo.com

        Fred you need to get out more. Your comment was ignorant.

    • http://JayJay jkm198579@yahoo.com

      Im a flt attendant of the caramel persuasion and I go to the one at the airport and I see black white and mexican employees although young I see nothing wrong with how they hire. We don’t know why these two brothas were not hired so it’s not to say they don’t hire other races.

  • John

    In-N-Out also does not hire people with hair touching the collar, visible piercings or tattoos. I wish a long haired pierced tattooed lawyer would sue them. I’ve only seen clean cut looking white people working there and a few young clean cut Asian females. Never anybody old or dark complected. It’s amazing even this story attracted a high percentage of racist moron comments.

    • http://dpav.net norman green

      I am over 50 and have YEARS of fast food experience. I tried and tried to get a job at the In n Out near me.Instead I saw young white inexperienced kids get hired all the time. Yes they discriminate against age. It was very obvious.

      • Mike

        I don’t know if these guys were discriminated against but from what you said you might have been because of age which is against Federal law. Maybe you should contact their lawyer or get your own.You have the experience and were over looked for inexperienced but young. That sounds very much like age discrimination.

  • Jack Black

    It’s called freedom. Freedom to hire who you want as an employer for your business. People looking for a job should not tell a business owner who they can hire, the State of California got into that business years ago, and it didn’t work. How backwards we have become. I can’t believe this lawsuit, as the gold digging profit lawyers are as bad as their clients. Good luck IN n Out, its going cost you to defend freedom of choice, and it is really going to cost us all.

  • Lisa

    This is bullshit, My kids have tried getting a jobe at places like Carls Jr and such and no luck because you have to speak Spanis in most places because thats who they mostly hire now, regardless of the area demographics. Talk about discrimination, look at places like Carls, jack in the box, and countless other fast food where there are few if any whites and they dont get harassed with threats of lawsuits. There are few places left for High School and college kids to get jobs. I go to in & out because of the quality not only the food but especially the service and they are mostly very clean cut kids trying to help supplement their schooling, not to support. And you can easily communicate with everyone in at In-n-Out including those cleaning the floors. You dont hear everything rattled of in spanish or ebonics. In-n-Out, a private company, not public, has the right to hire who they want in order to provide the “Best” service and product they can. I am not saying that they should not hire those of other races. But if the courts ecentially give in to this and eccentially turn In-n-Out into another green burrito Carls Jr and such, gag, through forcing a change in the hiring of employees at all levels, whast a loss to this nation in every way. I will stop doing business cause both the service and the quality will go to shit. In-n-Out is the last real american stronghold in fast food due to their decision making. Most anyone with an education can claim they are qualified for most low wage jobs. Maybe I should go out and sew all those companies too. Oh yeah, I would never get listend to cause I am white. These 40 year old can go pound sand and find a career rather than flip’n hamburgers. I support In-n-Out all the way!!!

  • mike s

    after visiting many of these burger joints across the southland,I can somewhat confirm that in and out tends to go for the younger , lighter side. a few asians ( UCI ),hispanics ( CM ) I think these guys have a case. lets see whether they settle out of court, or bring the bright light of embarrassment to their multi-million $ company.

  • Ben

    This is ridiculous. They can hire or not hire whoever they want. I honestly doubt it has anything to do with race, that’s just an easy excuse for anyone to through out there. Has anyone ever been told they weren’t hired because they were “over qualified?” That would be something to be mad about, not this. I hope In-N-Out succeeds and continues to run their business however they choose!

    • Ben

      And by the way…. the reason you typically find young people working at In-N-Out is because it is a fast food restaurant! Come on people!!! Who do you expect to see working at In-N-Out?

      • Lisa

        And why do you think I go there!!!

  • Joyce

    I go to the new IN-N-Out in Pleasant Hill and they have black people working there. And yes they are young and very clean cut just like all the other workers. I think the company is setting a good example by hiring young clean cut people. I know I appreciate it. Maybe these two people weren’t hired because of their work history, not the color of their skin. There is a lot of reasons why people don’t get a job, I think these two people are just looking for some qucik cash and they found a really greedy lawyer to help them get it. I saw shame on the two of you and your lawyer. I’ve heard that this company is a christen based company and pays a fair wage and treat their employees well.

  • Gentle Peacemaker

    The food and service at In-N-Out is impeccable. I think a slick lawyer picked these two dudes off the street and decided he could make some money. Because of their high bar in delivering the best food and service, they vet their applicants thoroughly. In-N-Out isn’t just another fast food joint where a convicted felon can get a job, even if their time was served. It isn’t a place where one can have a tatoo that can be seen outside of it’s uniform. Hair cannot touch the collar. In addition, they drug test. Perhaps they failed to submit themselves to the drug test? Perhaps they came in with “pants on the ground” for an interview? Perhaps they had tatoos? Perhaps they had warrants for their arrest? Perhaps they threatened the manager that if they weren’t hired they would sue? Employers have a right to hire who they would want to best represent them.

    • A. Bass

      The comments that you just posted sound like those of a bigot. If you look at the majority of those employed by In and Out they are young white kids.

  • WhatACrockofBS

    You know this is bogus when both of the men are “40 years of age”. The exact age or greater that you have to be file a age discrimination suit. I have a real problem that they set the age at 40 or greater. Why is there no discrimination against young people in the work place. I have been screwed several times on promotions because I was “too young”. What about the hard charging young people that choose to get educated and skilled? Do we have to wait for the old and lazy to move up before we have a shot? Let fair be fair. As far as his other complaint… can’t really say I am shocked and I highly doubt we will ever have a handle on those bogus complaints.

  • Nam Marine

    Maybe they only hire people that will work?

  • E San Martin

    It is the law of the land in the United States that no employer shall engage in employment practices that discriminate on the basis of gender, race, origen, religion, handicap, etc. I see here clueless hillbillies unable to spell clueless on civil rights and what our the non discrimination laws even mean or misaprehend what they are about.

    The lawsuit some posters refer to on the coffee and McDonalds was not nonsense as the plaintiff suffered second and third degree burns from scalding hot coffee, in this case if the plaintiffs can prove a pattern of discrimination, whether this is a publically traded company or not, they simply are not allowed to discriminate on the basis of color or age. THEY CAN’T EXCLUDE qualified candidates who are of a certain protected class. Just because somebody doesn’t get a job doesn’t mean they were discriminated against, particularly when there are diverse employees hired by that company.

    There should be IQ’s posted next to some of these sub high school graduate’s postings so we could further appreciate their rants and get our morning laughs for the day. Thanks to several of you for mine.Several of you are plain bigots – uneducated and laughable and others are experts on a company’s policies due to eating there, thanks for the laughs

  • E San Martin

    Oops should have proofed this LOL

  • Ramirez

    OMG, the civil war ended years ago. It seems that any thing happens, they always say its ” because I am black, or its Discrimination “. Again, lets see who is filling this case: and what is the highest race rate in prison. Again, this is America, not every one or company is going to hire everyone. Respect others and look for a job elsewhere. Oh by the way, I dated some one years ago who was African American that worked at In n Out. As a business owner, I choose who I want to hire not the candidate. That is why we call it Interview.

    • JMC

      Wow, you dated a black person. Man, you MUST be the epitome of equality, and race relations. WTF

  • Robert

    Can’t say I disagree because in my local joint they mostly have hispanics, whites, and asians working there it’s rare if you see a black person working there.

  • Mr. James

    I think there is some merit to these claims, I’m sorry. Most of these chains that I have staff that is young white and/or Latino. The rep said that they hired from their demographics. Well I would argue that you can find a black over 40 in just about any demographic in the country if you looked hard enough. The chain totes itself has youthful and subsequently hires young workers…this is discrimination if you are an older worker looking for work.

  • Ms. Richie

    This is believable. It saddens me that people really believe that discrimination has ended. It has not. This can been seen from the treatment the president has received since taking office. Discrimination is alive and well and living in the US. Get a clue people.

    • http://yahoo justwatching

      What has Obama got to do with this? I don’t like him but his race has nothing to do with it. 16 trillion is the problem. Stick to the article and don’t bring politics into it.

      • JMC

        Her point, is that people think racism has ended. It has not. you can look at any article about the president, and see the nasty comments calling hiim the “N” word, a monkey, a coon, and any other disgusting racist slurs. PAGES of it. It is her proof that racism has not ended, but if anything burns harder than ever. DISGUSTING.

  • stupid

    I just filed a lawsuit against Hip-Hop-Chicken for the same thing. I’m white, and they didn’t hire me, but I am qualified to fry food. I swear its true. I haven’t seen many young white men there, so I am looking for a change in policy, and money because I deserve it.

    • JMC

      You’re chosen name is REALLY appropriate.

  • JMAR

    At the end of the day, EVERY buisness is trying to put money on there bottom line. They are going to do what it takes within the law to do so. Should I petition the courts because In-N-Out wont hire me? No. If I don’t like it there is an oportunity for me to open my own place right next door. Damnit, this is America. We WERE such a bada$$ place that when there werent any wars to fight we chose sides and fought ourselves. I don’t believe that it has come to a point that somebody with there hand out changed from somebody actually in need to somebody trying to get a free ride. I would think our founding fathers would $hit a triangle if they knew what we have done. Shame on us all. Those of you with your hand out and those who let it get this way (including myself beause I am an American)

    • JMAR


    • Miles Monroe

      When was just being clean cut and American discriminating? Must everyone wear disheveled clothes, festoon themselves with tattoos, piercings and unkempt body hair in order to conform to your sense of normal? Is that who you want serving you your food? I certainly would like to know that personal hygiene is a priority for the person preparing my food.

      • Miles Monroe

        This should have been a reply to the post previous.

  • Dan

    Whay are so many of you getting your panties in a bunch? In & Out has a practice of discrimination, as one from the inside knows. Clean cut American purity is what they want working and representing them, which is in some ways fine, however, they take it to almost a Nazi level. No visible tattoos, No piercings, no earings for men, no facial hair, no hair below neck for guys, etc you get my drift……. And they atmosphere is very anti-gay and anti-non white. Employees are discriminatory against other employees who are non-white, i.e. sense of entitlement, etc…. Behind the clean white curtain is really a different atmosphere. Read their employee newsletter and you will see. Why any non-white person would enjoy working there is beyond me, but to each his own. I hate discrimination. I work to bring people together for understanding. To hate someone else is really to hate a part of yourself. Frankly, I’m glad these men had the courage to sue, and wish that America could focus less on race, which is a fallacy, and more on how we can all win.

    • Miles Monroe

      You hate discrimination but gleefully utter the phrase, “Why any non-white person would enjoy working there is beyond me.” Wow, you need to recalibrate your personal discrimination tester.

      • whitekid

        I think people should stop racist . Life is too short. Try to be nice to other races. Not all white people are good or not color people are bad.

    • JAB

      U R A ASSHOLE. There is nothing wrong with a company having rules for terms of employment. Most of you assholes of todays world think everyone owes you something. I harken back to the 50/60’s before computers, ipads, cell phones, when people were people and courteous to everyone, they respected each other>>>>YOU GET THE PICTURE??? I doubt it as the younger generations of today only are out for themselves. SO YOU CAN GO F@#K YOURSELF AND THE 2 BLACK ASSHOLES ALSO.

      • R. Sirls

        JAB, you seem to be the idiot. People were courteous to each other back in the 50/60s? How could that be with signs on doors that read “White Only”? I happen to like In & Out, and I’m glad they have standards for appearance…standards related to personal appearance. I have, however, noticed the similar look in practically every I&O I’ve been to.

      • JMC

        WTF. You are really a pig. You harken back to the days in the 50’s and 60’s where EVERYONE was treated with respect and dignity? You are DELUSIONAL at best. Signs on nearly every establishment door reading “Whites Only”, “No Coloreds” etc…and everyone was treated with respect and dignity? Grow the fuck up. Old retards like you are the reason people have human rights issues in this country. If you had your way, we’d still be living in a segregated world, because you probably live under the delusion that whites are superior.

    • Argie

      Wow Dan!! You have no Idea what you are talking about!!!! I’m Brown & I have worked at In-n-out & it has been one of the best jobs I’ve ever had!!! It teaches sooo much about customer service & how to friendly with others.

    • kent

      WOW…if you wanted to do something then keep on working. Sounds to me as though U were one of the types U described and when U pushed the hair, ear rings, etc. U either go bounched or quit when told “not acceptable”????!!!!!!!!!!!!!!!!!!!!!!

      Which was it Danny boy?

  • Kevin

    I live in the East Bay and I can tell you that I always see black people working at In N Out, odds are judge throws out the the suit, since there is no merit to it. I think they may be able to file another based solely on age discrimination, though I don’t see them winning that either, but it is there best bet.

  • Brown Eyed

    So what do Mexicans have to do with any of this, LISA??? It is blacks who are suing NOT Mexicans, your true ignorance and racism is showing when you pull in others who are not involved in a topic. I guess it is O.K to drag some through the mud because you are too scared of those who started the problem in the first place.

  • http://yahoo justwatching

    In my area the employees are all young white boys and girls. I don’t care who serves me as long as they are clean, hands covered, hair is covered and they speak fluent ENGLISH.

    • John black

      This has to be a first. Two black men looking for work!

  • CJ

    Playing the racism card when you’re not hired at a fast food joint is a travesty to the real racist issues in this country. There are so many other chains to apply but their first reaction is to sue when you’re not hired. Even if they’re 40, they look like ignorant teenagers trying to make a buck off the judicial system.

  • liz

    I thought burger places only hired black people.. this really is news!

  • RLB

    I don’t know if fast food restaurants discriminate but I don’t like being served by anyone with tattoos or piercings(are you listening fast food restaurants). I don’t mind facial hair if it is neat and the person is clean. The behavior and the appearance of the staff affects the sales. I also believe that older workers have a better work ethic than some (not all) of todays young people.

    • JMC

      aaaaaaaaaaaand….you’re an idiot. Do you realize the percentage of people who have some sort of piercing or tattoo? It’s about 93 percent of the population. Not to mention, if you were going to be concerned about ANYTHING, when being served it should be facial hair. You can’t exactly wear a hair net over it, and hair falls out. FACT. I’ve never heard of someone returning a burger and saying “Um, i’d like to return this. I found some of that gentleman’s tattoo in my burger….”.
      Get with the times you asshole. Stop living in the dark ages.

  • Adam

    Grow up. Just because you are qualified for a position doesn’t guarantee or give you the right to any job position.

    Also, why is it only age discrimination if you’re older? If I apply for a job and I don’t get it, should I sue them because they’re “obviously” being discriminatory against a qualified Hispanic 21 year old?

  • kent

    In Utah there are blacks working (and working hard). You see all busting their tails….not like other fast food burger joints where all they do is speak in “no English” talk, and go slowly and only half fill your order. It is refreshing to go to I&O and be served by those who want to work and have a legal right to work in this state and country!!!!

  • liz

    OMG I still can’t believe anyone expects people to not have tattoos or piercings at a fast food restaurant! HELLO… you are eating CRAP convenience food and actually want to be picky? Whine, whine… go cook it yourself (gasp!) or go to a fancier establishment. Don’t go into Mc D’s acting like the Queen of England.

  • Mari

    Set-up… unless somebody at I & O told them they were too old and too black, they have no case.

    I just wonder when are whites going to stop allowing minorities to railroad them with their nonsense?

    Never I guess, looking at the DNC last night…

    • JMC

      Spoken like a TRUE racist. :) Congrats, you pig

      • Mari

        You’re quite welcome, turd breath :)

        See how easy that was. Ha!

    • Ken

      Actually IN&Out was my first job as a kid. I was one of the only white people working there. this was in Carson Ca almost all of the crew was black and the manager was black as well. They don’t discriminate and their staff will always represent the local population of any given store. If you have a good personality and a willingness to work hard you will get hired. period

  • JG

    Next time you go to In & Out look behind the counter. All white, occasional person of color but most of the time all you see is white. Now I have Book of Mormon songs going through my head…

    • Juan

      I agree, even in my neighborhood where its dominant Hispanic, most people who work there are light skin Hispanics.

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