In-N-Out Discrimination Suit Alleges Unfair Hiring Practices

    September 7, 2012
    Amanda Crum
    Comments are off for this post.

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.”

  • 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.

  • Terry

    no blacks??? go to any fast food joint in the south! please give up the racist attitudes and stop thinking because you are black the world owes you. same goes for browns, whites, reds, and any other color you might be.

    • JMC

      So by your idiotic ideals, because in the south there are plenty of black people working in places such as this, one should turn their eye from the business who has unfair hiring practices? WTF? Are you REALLY this stupid?

  • Mel

    I & O has a corporate-wide policy & rules for their company and when that is followed it is not called discrimination. When I lived in California I usually ate at least (3) times per week on Mon. through Fri. plus a lot of times on weekends. I always appreciated the friendly service from the clean looking employees who were from different races and cultures. Thanks I & O and I miss you.

  • Jake Johanson

    In-n-out does discriminate. The will accept bad food, bad service or lazy employees.

    I love you In-n-out!!!

  • Jane

    Whites are simply trying to “reverse” this country, considering they havej just about lost the whole damn place. They are attempting to “stick together” now and get away from helping non-whites to basically take over (Mexicans/Indians/Asians). Too little too late but I don’t blame them. If I were white I would only hire white too and fuck the rest of y’all. Whites in this country are in big trouble and they know it.

  • Brown Eyed

    Once again, stick to the subject and stop pulling in others who have nothing to do with the topic other then to justify your own racism, Kent.

  • Brown Eyed

    The fact of the matter is that there are some people who will do anything to make a fast buck like in this situation but there are also people who are envious of others’ success that they try to ruin their happiness by hatred and racism. Those who call themselves TRUE AMERICANS but at the same time try to stop the progress of America are the real problem to the situation here in America today. Any body in this country who owns their own business can hire and run their business how ever they want but there will always be that risk of a lazy no good for nothing person trying to take what you worked for and playing the race card seems to work for some but that is also how we got our president and as long as it is accepted at the top it will never change.

  • Rusty

    The qualified men should have gotten the job. I’m sure they would have made better tasting food compared to some young, smelly, pimply faced kid with a couple months or years under his belt.

  • http://yahoo Jim

    The reason you only see white people at in&out is because they might be the only ones welling to work @ the place get over it I”m sure there are people of color black brown what ever where needed no white people will be working in watts or black part of Oakland dumbass!!

  • Steve

    In-N-Out will have to provide employment records in its defense. The truth/proof will be in those records. Until then, it’s all speculation whether or not they discriminate. From personal experience, I’ve never seen any black or older people working at In-N-Out.

  • http://yahoo Phil

    sounds like a coulple of ignorant ass black people from oakland, the towns a piece of shit and shouldnt even be allowed to have an in n out

  • ruben

    If they even allow this ridiculous suite, this country is in much worse shape then we thought. Telling employers they have to pay back wages because they were not hired??? Who thought that law up? I know two people that I would never hire, if I were paid. Too hard to get a job when litigation via scumbag lawyers makes a better living, to our citizens detriment.

    • http://webpronews The Misses

      Learn to spell Ruben, it’s suit not suite, law suit. o.k.

  • Beverly Cerniglia

    Hello. I have two children that work at IN n Out, plus I have a brother who is Africian American who works at a different In N Out. I myself am caucasian. My two children work with several Latino employees. This lawsuit will not even make it to court.

    • robert

      Ok well i do know for sure that in and out wont hire people over 40. I was with my dad and yes he is well over 40 and when he asked for an app. they told him that he was too old to work for them

      • Greg

        Dude hae you ever seen how fast and hard those kids work. I am 52, love In and Out and their is no way on earth I have the energy to work their for an hour.

    • Ryo

      Of course it will because these douchebags cried injustice and are playing the race card.

  • stephan

    Thats not true, come here to Dallas, Tx or area’s around here, and they have few blacks working. You will not see a black, mexican or asian mgr. at any food places. If you go to where the upper class people have an In and Out, no minority works there. And the employee’s look at you crazy if you come in there. Thats why i only went once and never will i step foot in another one.

    • D.

      Good! Then they won’t have to put up with an uneducated person. Re-read what you posted and then take a class in basic English.

  • Scorpion

    I’m Black, and even I get tired of hearing Black people whine. Why don’t these men start their own burger restaurant? Why must they always beg Whites to hire them? I hope these men lose the lawsuit. Blacks are a non-productive people who don’t manufacture anything. All they do is beg for jobs. If they created jobs they wouldn’t need to beg Whites for anything. I rarely hear of Asians filing lawsuits like this. Of course, Asians have sense enough to create their own restuarants rather than begging for a job.

    • ACIII

      First of all, you’re not black. Second, applying for a job is not considered begging–begging is begging. Third, and perhaps most important, to say that blacks are a “non-productive” people is by far the most crass statement I’ve read. I’m 28 and black, and together with my wife, I operate a small but very lucrative business. What have you done, black man/woman?

      • Melissa

        YES. High five.

        • Melissa

          To ACIII, obviously not Scorpion, who has let the media and the often bigoted public skew his views on his own race. Although maybe I shouldn’t be blaming the victim.

  • Dan

    Why dont they Just call Obama? Thats what they always say.

    • Mike

      Shut up Dan and read over your post before clicking post comment

  • joe

    i really wish they would open a resturant here in La.

  • Brybre

    Like Jack in the Box, Jessie and Al will pop up their ugly heads any time now. “Pop goes the weasel’s”.

  • ace driscoll

    The reason that In N Out is so good is they they dont hire bad folks. Whatever policy they have now works great for the customers and these 2 clowns just want an undeserved piece of the action.

  • flatbedbill

    Scorpion: If you’re black, then I’m Samoan.Any time someone starts out
    immediately qualifying their race, then they’re almost always lying. Your
    first two words of your post are “I’m black.” Second, I both know personally
    and know of several very successful black people who are quite
    productive. And lastly, NOBODY is THAT big of an “Uncle Tom” as your
    post would make you sound.
    Are you that bored you have to stir up this kind of nonsense?

  • jacob

    unfortunately, even though society in general has become more “politically/socially correct,” there is still a stong presence of discrimination; however, at the same time, there remains a large pervalance of what some believe is “owed” to them “as a people;”

    of course what most don’t know is that it is mainly caucasians that are on social security, welfare, food stamps; ironically, most social workers do tend to be minority; it’s just come to be “a social norm” that some positions will be held by minorities and others, by mostly caucasians…

    that said, you can easily find large corporate chains, whose workforce consist primarily or of caucasians, especially in managament, no matter even if the given demographic in the populace is made up of mostly minority; just observe the 4 main chicken chains, you will easily be able to see the differences in managament and workforce between them; this is NOT to say that, yes, given the population of an area, that the populace might be majorly dispraportionate…

    the same can be seen amongst our school systems STILL today; but what is expect, a “forced hours long daily commute” on chidren, just to appease social and economic “correctness?”

    is there still discrimination today? is there still hate in our society simply over color of skin or religious beliefs or sexual preference? YES! will THIS always be so here, YES! is this pushed by BOTH sides? YES! what can we all do about this? deal with, accept it, move on, and just maybe, maybe, some point make things better for our society as a whole…

    as far as these two men go, were they discriminated against? well, that might depend, whether or not the chain in general DOES have some minorities in managament? that in areas where the population is primarily made up of minorities, than those locations “should” show a reflection of that, given that most people working fast food chains, DO NOT enjoy long commutes to work, let alone have the finances or resources to reflect such a commute…

    of course in some areas, there is a “legal set of laws/system” that states that work contracts “have to be given” to so much a percentage of minority workers; should these contracts be based on merit alone? possibly; if this was to be done, would it reflect equality to all, or will there be obvious racial discrimination? perhaps someday, this will not be an issue, but until then, this will simply have to be accepted

  • mike

    shakespeare was right about the barrators,now regarding these two
    clowns and all you other bandwagon jumpers,skin color is NOT why they
    were passed on ,look i’m under fifty by 2 and those kids work their
    butts off and not all of them are white.the person who had the power to hire based their decision i trust on the basis of can you keep up the pace get it right and have a good attitude.or maybe the positions wre already filled and these two schmucks omitted…. that detail

  • Abbie

    If these companies don’t hire people who look like you, don’t give them your business. The majority of business owners and HR depts do take race, age and disability into consideration when hiring. For this reason alone, we black people need to start our own businesses. People over 50 regardless of race, start your own business, etc.

    Quite frankly, the hiring decisions aren’t even made based on a candidate’s qualification. For example, I know a woman who is working in a position for which she has no previous experience or educational background. Yet, they hired her and trained her from the bottom up. Whereas, I have both experience and education and I’m not granted even an interview. She brings this up often when I see her, but that’s when she’s not complaining about how boring she finds the work.

    I am finally wide awake and see that many of these companies are not interested in competence or talent as much as they are interested in maintaining a homogeneous environment and the racial pecking order.

    I believe most men would like nothing more than to have the workforce include only men. After all, a woman hired has taken a position that could have gone to a man. I believe most white people would like nothing more than to have a workforce that was all white for the same reasons. The same with able bodied people and those with disabilities. Most HR dept & managers won’t admit it but they really don’t want to look at someone who has a disability let alone provide reasonable accommodations.

    • Really?!

      You are what is wrong with racist problems in America. There is probably some other reason that you did not get hired and your constant badgering of your co-worker led her to just agree with you instead of having to argue for the sake of a decent work environment.

      Being a student of the HR field I can tell you that there is nothing we hold in higher regard then equal hiring rights.

      It is important that people understand that if they keep trying to play the racist card in all of these suits when they are upset at themselves about not making it, they are just driving struggles for equality backwards in this country. The only thing to gain from any of these cases is money. Anyone that says they are suing for equality or equal rights are just shading the fact that they only want cold hard cash.

      Stop blaming other people for your problems

      • Brad

        How many Blacks work at Chinese restaurants … none hire people for the culture of food burgers aree white American food when I want soul food Iwant Black people when I want Mexican I wants Mexicans making itso lame fuck of pC racsist

    • Timothy

      Abbie, no offense intended, but wake up and realize… you are a bigot, and a race whore. Get over your color and join the millions of us who accomplish life without labels. Be free from guessing and simply LIVE. Thank you.

    • Pat McGroin

      Wow! You are not only racist but also sexist. Good luck with your life, Vicious Hag.

    • JCL


      So I’m guessing you also believe that BLACKS would like a work force that was ALL BLACK.

      If there is still predjustice against blacks in the USA, it is due in large part to the fact that many blacks maintain a separate cultural identity and have no interest in integrating into mainstream American culture. I have seen many who have and they are quite successful. But those who speak “Ebonics” and act “Ghetto” don’t understand why they are shunned and rejected. People will only accept diversity to a point.

      Look at blacks in Great Britain. Listen to them with your eyes closed and you cant’ tell if they are black or white. Listen to many blacks in the US and there’s no doubt.

      It’s not so much a race thing as a fitting in thing. Look at white kids with Mohawk haircuts and 20 earrings in their ears, lips, nose. You don’t think they’re blown off? The key to being successful in business is knowing how to fit in and until you figure that out and make the required changes you’re going to be met with rejection and disappointment.

      GET A CLUE.

    • D.

      Abbie, I think YOU are the racist. If this country were as discrininatory as you claim then we wouldn’t have an arab in the White House. And no, he is not black, but half-white and half-arab.

  • Jamie Sullivan

    This is so stupid. Do you think two white guys over the age of 40 would be suing if they weren’t hired in a predominantly black working environment? NO. Maybe they didn’t hire you because they didn’t like you. They say they had all the right qualifications..you’re applying to work in a fast food chain restaurant. Obviously you’re not qualified for much. Just another sad, sad example of cheap people looking for a way to get money.

    I agree. People like this are what is wrong with our society today.

    • exploitoo should be the new Yahoo

      actually white, latino and asian work in black restaurants in CA. So yeah you are right there is no discrimination suits filed because they have JOBS in places that are predominated by minorities. We don’t know these men and we haven’t read their resumes to determine their past job history and experience. We don’t know the actual procedures that were or weren’t taken regarding to the interview process.So Good Luck to them on finding a Job and their case. Good luck to employee and manager that sued Panera Bread and Good Luck to the Poshtoon Indians that sued FEDEX and Good Luck to the employees that sued WalMart

  • jay crowder

    Why didn’t they apply at Popeye’s? Probably didn’t get the job because they are a-holes who go around suing people over a hamburger job!!

    • JCL

      Sounds like they just got “Jackie Chiles” to try and go after some easy $$$.

  • snooks


    • Brad

      You are the racist white christ lovers make
      great burgers

  • Arjay

    I and O has the absolute BEST fast food and service. When they are forced to relinquish control of their product and business, they will go the way of Sambo’s (founding partners Sam and Bo), who bowed to NAACP and ACLU pressure to change their name and then went out of business. A hollow victory for NAACP and ACLU.

  • D.

    BOGUS! In ‘N Out has blacks and hispanics working at their facility near UCLA. We’ve been there and seen it. The two men involved in this lawsuit obviously just saw “deep pockets” and wanted an easy scam. When will so-called “minorities” quit whining and accept that now they have to EARN their way, get an education, and make the grade like everyone else! A discriminatory country would not have a black man as president so now they no longer have an excuse.

    • CAPS

      All of what you just said is your opinion of minorities. We do earn our way in society, just like everybody else. Always have! Just lets be honest enough to say that racism & discrimination still do exist against us “minorities” If those guys knew they were qualified & felt discriminated against because of their race & age, they are well in their rights to file suit. Stop hating on US! I major in success & in life not minor! If you understand what I mean! Those who have an ear let them hear! Amen!

      • inouteater

        a job maybe open but one applying for it might not get it.
        being black does not entitle one to a particular job.
        u got to earn it.
        report to the interview with a positive can do attitude.

      • Jhodge

        racism exists everywhere dumbass, black people these days are just as racist as white people. And like someone said before, you don’t see people filing law suits against chineese or mexican restraunts with all their employees the same race. It’s not different here, black people just try to play the race and victim card. No wonder so many of them are broke or on food stamps. They say they are their own culture and their own people and that they don’t have to act like white people do as a whole. Sorry, I’m not okay with a race based on ignorance and unintelligence. The clothes they wear, the music they listen to, the way they speak, etc refelcts in a very unintelligent way! This of course is not speaking about ALL black people, but a hell of a lot yes. There is nothing intelligent about acting ghetto.

        • Dorian

          ^^^^^Prejudice at its finest! Calling the Black culture “unintelligent” is quite rude and you wouldn’t dare say it to a Black person’s face. Just because you don’t like the type of music or clothing Black people like doesn’t give you the right or authority to say what is or isn’t “intelligent”. Not all Black people are “broke or on food stamps” and not all of them speak ebonics. It’s quite disrespectful to the race as a whole to assume that because someone is Black that they’re unintelligent. By the way, you spelled “reflects” wrong, asshole.

          – An intelligent Black Dude

  • Dennis

    Hey, we hired a guy who was black and unqualified. His race had nothing to do with his lack of qualifications.

  • Michael G Pritchard

    Let In-N-Out prove that they do not discriminate against any group of people. The proof can be found in their stores. If one goes into their stores and see only one race/ethic/gender etc as the norm, then something may be up. If they are sincere in their hiring practices, then they will be able to prove it. It benefits all of us to have all of our adult citizens employed so that the middle class taxes do not increase to support unemployed Americans or Americans forced to attain welfare. To my knowledge, employees are given a 90 day probationary period to prove themselves. If they do not perform, the employee can be let go. All adult Americans need to work to survive in this country. We must all understand that. Currently working citizens can not afford to have any able-body American out of work. Let’s ensure that all Americans that want to work have. We are one huge American family. Thanks for reading my comments.

  • Brad

    So I can go to a chinese restaurant and I see chinese people working who complains? no one, I go to a mexican restaurant and mexicans are working who complains? no one, I can’t have a white people christian restaurant because now that’s bad? silly…. come on freedom baby, I see no blacks at chinese restaurants who cares. White christians are allowed to to make us burgers, stop the PC divide us nonsense. e than Maybe I want nice white christian kids touching my food more than crack addicts or un washed new immigrants.

    • Nicole

      most chinese restaurants hire family members or friend`s they don`t hire people outside their culture ,they also own the restaurant,the same with mexicans

    • Reina

      Brad…. You might want to take a look at In-N-Out Burgers executive team. The company is now run by a MEXICAN AMERICAN 28- year old woman who is the grand daughter of the founder of the company. They are quite diverse in their hiring practices and most of the managers at each location are in their mid-30s….. They hire from within and promote people based on store performance….
      The company is extremely charitable and co-op with their vendors and pay more than McDonalds or Walmart and actually provide benefits and flexible schedules to MANY MANY students!!!!!!!!!
      What next!!! Are you going to start a class action law suite against UPS!!! For what? Not hiring UGLY people!!!!!!!

  • Jonathan Williams

    What is the definition of ghetto? Ghetto is a word used to degrade and disqualify African Americans in mainstream America. A country that remains without remorse and repentance towards the treatment of African Americans. These two men have the right to seek justice if they know IN and Out Burger did not hire them based on race. Some African Americans are not what America expects them to be hint hint White or Anglo Saxon in culture. So, for all the racist comments and neo-nazism ideals……get used to African Americans. We are here to stay. We are not seeking your acceptance or friendship. Don’t get happy because a few bad apples are making mistakes. That does not define the rest of us. Some of you say this country is in a terrible condition because of President Obama. This country has been in trouble since it was formed on the ideals of racist bigots who enslaved Africans Americans. IN and Out is a prime example of institutional racism. Individual racism is wrong. However, instituional racism is next to HItler. Some of you sound like your father Hitler. He is the epitome of evil and wickedness. For the ones that are saying, they are playing the race card. They are standing against institutional racism which is extreme now that President Obama is in office. So this is the message to all bigots and baby Hitlers living on neo-nazism ideals……get used to African American, Hispanics, Asians, Iranians, Arabians, all classes and forms of people who comprise the Red, White, and Blue flag with the stars who in this day and age fails to honour and accept all of God’s creation. Oh i forgot, it does not honour him either. You said it won’t stand up in court? The court will accept this lawsuit due to the fact that institutional discrimination based on race and age is a factor. If your African American and your reading this article, read all the comments that have been posted. I have not seen a comment that says go for it bro. The reason it is going to court is because that is the only way you can stop discrimination by making a total display for the entire world to see.

    • Mark

      Jonathan, your ignorance is amazing. Ghetto is a reference most often used around the world to Jewish communities. Dating back to the 1800’s. Ghettos were where most of the jews were rounded up before being murdered by the Nazis.

      Ghetto really just means an area where groups of like ethnicity gather and live together. So if you look at the African American communities pride in being ghetto, then you would see they are actually segregationists who do not want other races in there “hood”. Look at the violence that occurred in New Orleans after Katrina. A large segment of the African American community went to Houston and never returned. As the Hispanic community tried to move in and fill the void it lead to increased violence that continues today as the African American community tries to drive the Hispanic community out.

      • Jonathan Gartner

        Good observation. Over 3,000 people are murdered each year in Chicago 30 of them in one weekend recently. Yet for some reason this never gets in the lame stream media.

      • Nicole


        The definition of ghetto has changed over time. We understand what the word previously represented but ghetto is not being used in that sense of meaning today. So, if you want to reference definitions and/or meanings of terms,here’s a suggestion: try to stay updated…

    • Jonathan Gartner

      Interesting rant. Lets take one of your misinformed ideas. Africans were sold mainly by other Africans to Arabs which sold them to Whites. Still going on today. As for the courts accepting the complaint the ninth would accept that Gays and illegals have rights over citizens of this country. Now for Obama he is nothing like Hitler for if he was not anti-Jewish and did not start WWII would have gone down as a great leader taking his country from nothing after WWI to a economic power. Something that Obama is not able to do. By the way Obama is 50% White, 43.25% Arab and only 6.75% Black.

      • http://webpronews The Misses

        So!! Some Afr-Am’s still dislike each other for various reasons, same as other cultures. I mean there’s always infighting on some level within the same culture. Yet, out of all of that, there is still an element of discrimination that is uniquely, and specifically aimed at Afr-Am’s within certain ethnic groups. Does it occur all of the time, again I say of course not. But, if it is blatant, surface, petty, or extreme I feel that there should be recourse. If the playing field where even (using only race, color as the barometer), then we would’nt have a problem such as this, we’d have other ish to address. But, when it’s not level it should be handled appropriately. If it calls for a law suit then sue, if it calls for addressing then call it out. All bs aside, I don’t believe in letting anything worth fighting for to languish. Bottom line, racism and dscrimination be it color based, creed, sexual etc.. is a reality. Racism as far as ethnicity is the most pervasive. I guarantee that if every time it occurs, it’s met with equal agressive action be it legal or otherwise, one can be assured that it’s activity would be increasingly limited. Keep fighting until it freaking stops. It’s enough already.

    • Daniel Adcock

      While I want to agree with you, I just can’t agree with some of your premises’. The founding fathers weren’t bigots, at least not broadly speaking. Maybe there were a couple, but for the most part it’s apperant that they weren’t. If they were then the constitution would have stated all white men are created equal. I’m sure they knew in their heart slavery was wrong, and proceeded to use language that could eventually right that wrong. It did take too long to get “right”, but it’s better now eh? And to say that in today’s America we’re all bigots is quite a stretch as well. I’m sure it exists, but to extend that upward to the entirety of american society is just conspiratorial… Can’t say I blame you though, if I was black I’d probably think like that too. As for the case, they should at the very least hear it in court. If lawsuits over coffee burning someone cause it was too hot aren’t frivilous then nothing is.

    • Reina

      Ghetto? You really need to look up the definition of the Ghetto!!!! and the history of the name and what OTHER ethnic backgrounds were where that word was used…….GHETTO doesn’t only refer to BLACK PEOPLE!!!!! You might want to dig further and actually be brave enough to take a college course on ETHNIC studies……. you might learn something…. not just what is said in AMERICA

  • http://yahoo.com jim

    I’ve been putting in applications at dozens of large corporate run businesses for about a year now. I have skills and experience that “overqualifies” me for most of the jobs I’m applying for. Yet I haven’t gotten anywhere near the interview room. I’m pretty sure that the explanation for this situation is that, the companies that I’m applying to don’t have as many openings as they do applicants. Either that or they are just discriminating against me…

    • James

      Jim, I’m a high ranking manager for a fortune 500 company. You may not know this, but for even the lowest wage job we are having often times over a hundred applications for one position. For higher paying positions that number has been over 200! With the internet today, lack of jobs, it really is lethal out there. Trust me, it’s not your race or age, it’s that you have millions of people vying for very few desirable jobs

  • jim

    There are more White people on wlefare than blacks – which makes sense since they account for a smaller percentage of the population. The reason there is always an issue is because they are the squeky wheel that we cant replace. I have worked with many black people and never even noticed their color – because they work just like me. I have also worked with black people who at every opportunity remind you they are black. that is the problem. If these guys are such qualified hard workers, then they can get a loan and start their own burger chain. Dont ruin a great burger chain because they cant get it together. Let me add so famous democrat quotes:

    “Do what you can, with what you have, where you are.”
    ― Theodore Roosevelt

    “The only man who never makes mistakes is the man who never does anything.”
    ― Theodore Roosevelt

    “It is hard to fail, but it is worse never to have tried to succeed.”
    ― Theodore Roosevelt

    “If you could kick the person in the pants responsible for most of your trouble, you wouldn’t sit for a month.”
    ― Theodore Roosevelt

    • Bob

      The world isn’t in a “democratic donkey” frame. I now am old too and I see the same thing all over the place. I am very glad these two men are bringing this to attention. It’s bad enough that 23 million of us can’t find work but worse when if there is a job an old white guy can’t get it. Then they want retirement age to go up. Are you kidding me???? No one will hire me now what when I’m 68??? Go Mittens Go man Go.

  • D

    I’m sure it’s all a scam. I owned a business where a guy came in, filled out a resume, and demanded that I hire him or he’d call his lawyer. I said “You may or may not be qualified but I don’t hire people who threaten me or are assholes.” I never heard from him or his lawyer.

  • http://yahoo Mary Williams`

    I am so tired of the race card. I have put in thousands of applications over the past year and have only had one interview. The people on the other end have no idea of my race or my age and I can’t get hired. I am more than qualified for the jobs I am applying for and nobody is calling. Stop with the race card. Its old and tired and frankly you need to be just like the rest of us, looking for a job and trying to find one without pulling any B.S. Come on people……

  • jeff

    if you’re black and you don’t get a job, it’s discrimination. that’s so ridiculous, when is everyone going to wake up? work hard America, keep trying no matter what obstacles are put in your way and good things will come. stop feeling sorry for yourselves and looking for others to blame and this country will embrace you. this life is what you make of it, not what others give you.

    • http://webpronews The Misses

      Where did it state in the article that if you’re black and can’t get a job then it’s discrimination?? I did’nt read that at all. I do know however know, that racism can be a factor, and that it definetly does exist, if it were not so, then there’d be no word to describe it. Does it exist all the time? of course not. Yet, it is a truth, and a fact that it definetly does occur. There really are people in the realistic, practical world that I dwell in that, do discriminate and hate Jews, Blacks, Latinos, whites, etc.. Is’nt that amazing? Discrimination, racism sweetie, is not ideology, it’s a tangible existence, not an excuse for personal failures, nor is it imagined, it’s real. Take it or leave it, believe it, or not, it really does happen. To real people that is.

  • TC

    I am actually suprised they are black and not hispanic. I asked a friend who worked at IN and Out why most of the employees were white in a area that was about 50 % Hispanic? He said you had to fill the application out there on the spot and it was in English, so no taking it home at letting your cousins kid fill it out for you. I remember thinking that someone would think that was racist, I applaud them for their guts in doing this. I wish them luck in the lawsuit, I hope they counter sue.

    • sanah

      I totally agree…what a great plan….at the call center i work at I often have to speak to the listed person only…so many times they have a child come on the phone to speak for them and I can’t complete the call and have to mark it as ‘Language Barrier’. If they want to live in the USA and take advantage of what we have to offer they better damn well be speaking the langauge.
      tired of ‘press one for english’

  • Pedro

    I went into a KFC in Harlem.
    I didn’t see any white people working there.
    Can I sue?

    • exploitoo should be the new Yahoo

      I went to Panda asian restaurant and saw all illegals mexicans working there could I sue??

      • talim

        How did you know they were illegal? Did you ask to see their papers?

        • exploitoo should be the new Yahoo

          No because they couldn’t understand english

  • Denise

    Ridiculous, we have eaten at In-N-Out so many times and there is no shortage of African Americans working there! Get a life and I’m so sick of blacks blaming discrimination on everything. Get a job and stop whining!!

  • DA

    This is exactly what is wrong with America today. How many people do you think didn’t get that job? Think about that for a second. Our country is in deep shit people. Racism does exist in America and always will as long as people like this are around. Heres an idea go to the business across the street and apply there. Making In N Out pay you because your too old to work in a fast paced enviroment is just life get over it and take a look in the mirror and you will see what the true problem is.

    • sanah

      I am old and have a much better work ethic than the kids I see working today…. I have an assigned shift, I show up when I am supposed to, I call-in if I am going to late, I work hard and complete the tasks correctly within my assigned shift, however it might not be at the speed of light…. You don’t see me hiding in the storage room texting my friends, goofing off during cleanup/closing or giving away food and drink to buddies who stop in. I am working and supporting the company I work for. There is something to be said for the older worker.

  • Shonelle

    Black Americans need to look into their own hearts and know their own truth. We fought so hard for integration but now that we have all the opportunities available, what do we do? We want to be separate and not be a part of. We still pull up the victim role handed down thru generations of our own because it got us to where we are today. Today is a new day. We are not victims. We need to stop this. We need to stand up and be thankful for all who have helped us to rise to an equal level in all areas. We need to stop buying into that old thing that we can’t accomplish because we are ‘discriminated’ against. Prove yourself to yourself first by showing some integrity, intelligence, right choices. Show honor and gratitude for living in this country and not in some third world without opportunity, leave that old history and accept today’s open path to whatever it is you can do to secure a right future for yourself and your children. Don’t keep passing on that old stuff that holds us all down and limits our own accomplishments. Make respect a priority for yourselves through earning it. You are responsible for you!

    • Arthur

      I appreciate this outlook alot, it’s becoming a broken record. African americans are not the only ones who have been discriminated against and used as slaves, etc. Native americans were treated this way as well when english men came to settle the land. I don’t know what’s worse, being taken from your home country as slaves or being enslaved within your own.

    • Old Vet

      You go Shonelle! Pay attention folks, Shonelle will make it in this world by not being tripped up by the first bump in the road.
      Persevere and things will fall into place.

      • fartman

        Hey, Thanksgiving is over no go home, he he he.

    • http://yahoo Jean

      Shonelle you are one smart girl.Your parents must be really PROUD of you.

    • Barry

      Bravo Shonelle

      Bravely and honestly said. Thank you for being the person you are. I wish more people both Black and white, Could follow in your footsteps. you sound like an educated person. And thank you for not throwing the oh poor me or the ignorant get off your lazy ass line.
      All Black White Latino and anyone else You all need to strive and be the best person you can be. Show the world your not that ignorant uneducated person people try to make you be. Only you can prove any different. And if that fails maybe its not you its the person your trying to prove it to. Then for that person there is no hope. Because maybe they are the ignorant ones. Again Shonelle Thank you for your enlightenment on this matter

    • sanah

      hear hear… I was passed over for a job because the company needed to make their quota of non-white employees, the person that got the job bragged she was hired because she had such a good test score, 84%. In the mean time the hiring supervisor was apologizing to me for being forced to pass me over with my 97% test score.

      • meg

        reverse discrimination alive and well….but…..what can we do about it???

  • antonio

    This suit is long overdue! Inn-N-Out DOES have & for years has had a Corporate Culture of discrimination against African-Americans.

  • BcdErick

    I always knew “In And Out” was going to get sued for “degrading women”.

  • Beverly Williams

    Discrimination is alive and still as sick as can be in America. Do you look at TV or listen to any news? If not, do you not see how our president is being disrespected? Get real!

    • BcdErick

      He’s disrespected because he’s an incompetent fool. Other than that, he’s a nice guy.

      • Danica

        Wow and you actually think Romney is so competent. If you do that you are the incompetent fool. Go ahead and blame Obama for the economy. Do it then you are a bigger ass than Romney is.

      • Denise

        And what was George Bush? And what about the others before him? Case closed!

    • Pat

      Hey Beverly – maybe it’s his white half we don’t like?

  • Arthur

    May i add that as a half white, half native american male it is impossible for me to get even a fast food job while they are hiring.

    • http://webpronews The Misses

      Well, just drink yourself to into oblivion then Dear Arthur.

      • sanah


  • http://yahoo Darell Lange

    i’m white and can’t get a job in a black fast food place either
    so what’s your point

    • Veronica

      your a liar. where are these black fastfood places? because there arent many.

      • CJ

        it actually all depends on where you live. there actually are alot. there is one by my old house called “Iowa Cafe”

      • sanah

        You are stupid….

      • Gina

        good point D.L….I can’t imagine getting hired at a Chinese Restaurant,…I’ve never seen anyone other than Chinese ppl working in those places…& I know that I’ve experience discrimination not only my own race, (white) but others as well..seems if your over 30 in this country they want to put you out to pasture and I’m far far from ready to go out into the pasture…The worst part about most American managers,they tend to be easily threaten by a competent person…which is not only a sign of their own inferior complex but just a backassward small minded mentality…Cause any “smart” manager knows to hire the brightest & the best ppl will make your life “easier”, stupid ppl will get you sued & or cause you major headaches & you’ll work harder fixing their mistakes…so stop being so damn insecure & hire the best & go play golf knowing your biz is in good hands…this isn’t Big Brother the reality show where you want the lamest joker to be up against to make yourself a winner, …its simply isn’t going to work in the work place so stop the insecurity game & grow up!…hiring a competent staff will only make you look better & age you slower.!!!

        • Denise

          I agree Gina. Black, White, Yellow or Brown, hiring the best party no matter what color they are is the most fair way of doing things. The problem comes in where as you stated earlier, we have too many small minded individuals. They make it bad for the rest. Had it not been for racism and discrimination, this country would never had had race quotas and affirmative action, which some view as reverse discrimination. Each side seem to understand one side, which happens to be the side that they are on. This is very unfortunate, because both sides could benefit if we would just all work together for the better good of mankind.

        • Denise

          In my city, the chinese restaurants have several chinese working for them, but they also have several caucasions and a few african americans and mexicans in the kitchen. Once or twice I have seen a waitress of color. Because I have no idea how many others have even applied for a position with these restaurants, who am I to say that they are being racist. Could it be that no many others feel comfortable working in these restaurants, or that because asians are said to be perfectionist, some may not want to work under those conditions?

      • Jason Crider

        I live in Indianapolis! I do not see white folk working at the White Castle on 16th Street or at Church’s Chicken for that matter! Also, We have an eater called Mississippi Belle and NO WHITE FOLK THERE!

        • Denise

          The question is, have any applied? Do any feel comfortable working there for some reason? In this article, it states that the gentlemen applied and were qualified, that counts for something.

    • sanah

      I am white, over 40 and can’t get a job at Carl’s Jr because I don’t speak their language. I can’t get anything except a call center job after being laid off from a 20 year career in IT. I think the age thing is a huge factor especially if it is a college town. The ethnic thing really depends on the area.

      • Jean

        Age discrimination is alive & well!…and its really bad in certain parts of the South where they think your over the hill at 25! I was shocked by all the teen pregnancy, so I guess if you’ve had 4 kids by 20, maybe at 25 you would feel over the hill…I went on a job interview at Chili restaurant & was asked…how would you feel working around all these young ppl??? What?!!!I never felt I was old, so it shocked me that the Manager who was old asked me that!…& what blew me away was that they all asked my age over the phone despite the fact that it is illegal..coming from Calif I was shocked to see such a bold breaking & total disregard of a labor laws…its was like they had never knew labor laws existed….so if your woman over 30 don’t move to the South that’s all I’ve got to say, unless you have Ph.D or Masters degree, you “might” fair better…I’ve also heard first hand horror stories about the horrible treatment that goes on at the infameous Waffle House…those girls only get paid $2.00 per hour!! and they have to do “EVERYTHING” & I do mean EVERYTHING!!!a career waitress I spoke to had a nervous breakdown there & had to quit…she was working at the Louisiana Waffle House & they made them bus, clean, cook, ring up checks on their 1920’s cash register that didn’t even do tax so the waitress would have to use a calculator to figure out the tax!!, plus she had to mop, take out trash and clean the bathrooms…if you don’t think slavery is alive and well in the South think again…I couldn’t get out of there fast enough…I felt like Dorothy in the Wizard of Oz…theirs no place like home!…& for me that is Calif…we have our problems but I’d never seen anything more disgusting than the way woman are treated in the South..it was truly scary!

        • Denise

          I too live in Louisiana, but grew up in California all of my life. When I moved to Louisiana several years ago, I applied for a vacancy in an apartment complex and the lady actually told me “WE DON’T RENT TO NIG–ARS!” If I knew then what I know now, EEOC would have been all over her. It is very true that racisim is rampart in the south, but that is so everywhere, including California. Look at the Rodney King incident, which totally blew my mind. Go on the internet and read the history on the Signal Hill Police Department in Long Beach, California. In the south, blacks are just as discriminatory as whites. So many of these people are so stuck in their boxes that I fear that they will never come out. Why can’t we just all get along? Pray America Pray!

    • Rachel

      THANK YOU DARELL! Black people OPENLY discriminate against white people constantly.

    • Denise

      If you have a ligitimate claim, file charges just as these gentlemen did. Are you truly not getting hired because you are white, or is it because you never even applied in the first place?

  • glenn grab

    they probably had prison records…

    • Jan

      …you are dumb and ignorant. Believe it or not, this type of thing does oocur..

    • Denise

      On what did you base your comment on? The article stated that they were “qualified”. Did you read that, or can you read at all because you are so blinded by your ignorance?

      See what happens when you ass u me?

  • daron

    They are a private business, seems like they should be able to hire whoever they want. if they just want to hire tibetans with pink hair that are under 4 ft tall, why not. their burgers are good

  • Truth Hurts

    ANY time you have to select one or two from a larger group, some form of discrimination occurs — discrimination is the process of selecting candidates based on any number of selection criteria. As long as race, gender and age are not the only selection criteria, the process of hiring is legal. It is not what traits they have which caused them to not be selected as long as the people hired are equally qualified or better candidates. If the store is in a predominantly hispanic community, it makes sense to hire hispanics over asian, caucasian, black, etc for langguage reasons. Same could be said for a location in a predominantly asian or black community.

    • sanah

      I agree. There are so many people applying for every job opening there has to be sme guideline employers have set to eliminate some of the candidates. When appying for University jobs I know they sometimes specify they want someone with some type of University experience, doesn’t matter what it is. It is just and elimination criteria/process.

  • Rachel

    I find it highly unlikely that corporate tells their employees to avoid hiring black people. This is idiotic.

    • Denise

      What planet have you been living on? This is happening everyday. Apparently you have never been the victim of discrimination and therefore, can’t identify with those who have. The words don’t actually have to come out of the mouths of those in charge; however, the actions and implications are there. So with all else said, the understanding is only implied to protect the guilty parties in case the matter ends up in litigation. Not many are actually ignorant “enough” to actually mutter the words. ACTIONS SPEAKS LOUDER THAN WORDS!

  • http://yahoo.com Voltaire

    If any restaurant chain has earned a discrimination suit it’s Ramona’s! Not only do they not hire black americans they will not hire white americans! Now, hows that for discrimination. Ramona’s only hires spanish speaking people. How they have bypassed equal opportunity and fair hiring practices this long is ingenious. However, there is no denying they make the best enchiladas and buritos this side of T.J., as for In-n-Out, I for one can only go so long until I must have a Double Double, Animal Style. So let’s be reasonable folks and do it the American way, those who love to eat what they want in healthy portions, then please indulge yourselves. Likewise, those who are so annoyed with a privately owned company’s hiring practice, then please dont eat there, McDonald’s has a patty that was frozen for only God knows how long and fries too just waiting for you and the billions others with the exact same non-discriminating taste. God Bless America.

  • Lovebug

    Is there any other information about the two men. Any criminal history, and what was their qualifications? Only issue that matters is whether they are fast and accurate. Please elaborate on their qualifying factors.

  • Lovebug

    Only thing is that if someone sets up a business in the United States, you want people’s business but you will not hire them. That’s pretty hypocritical.

    • chuck

      I was living on my own through my last high school year because I grew up in an abusive home, I worked at a trash hauler at night sorting milk jugs on a sort line, i barely graduated high school in the summer . I have know college experience, but I make more than $ 100,000 per year now. It took a ridiculous amount of hard work and sacrifice but anyone can do it. I have lots of conditions, pain in both shoulders, arthritis in both feet and back but some how I still wake up at 4 am drive nearly 1 hour to work and work my ass off until 6pm every day, I have called in sick 2 times in 5 years. Stop making excuses, our forefathers would be disgusted with our current culture.

      • kitty

        Ignore those idiots. Good for your success. Some people have no shame of being a failure.

  • chuck

    I have a question, why are 2 40 year old men applying at In n Out for a $9 hr job anyways? Fast food is not a reasonable means to provide for a family, and I don’t want to hear that there are too few jobs because that just is not true. I hire these guys coming off of unemployment in my shop and they last less than 2 weeks, they stop coming in because its to hot, or the work is too hard. My buddy at a recycling center says he goes through 3 or 4 people per week because the work is to hard. we are in So Cal and our homes are worth nothing but trust me there are lots of jobs out there, they are just outside and its hard work. I might not live as long as some guy who doesn’t use his back and works in AC but I will have put my family in a nice home, and my kids through college. If you are are a man, go out and get a mans job, stop trying to take jobs from High School kids.

    • Carmelkiss

      Chuck, you are living under a mushroom in Lala-land, right? These 40-year old men have just as much right to apply to work at this burger joint as everyone else under the age of “40”. The best customer service/counter workers I prefer to place my order with are english-speaking USA elder workers in their 50s and 60s because they are experienced customer service providers.

      • AmySue

        Carmelkiss, you are so right! Chuck is totally lost. I would rather get my customer service from older ENGLISH speaking people than immigrants! They are taking all the jobs from Americans!! And why is it always “negative” complaints when its African Americans standing up for their rights, but if they were latinos, nothing would be said. Everyone would feel sorry for them and claim they had a legitimate case!!! Dont forget this country was literally built on the backs of African Americans not so much on latinos backs.

        • chuck

          I never questioned their right to do anything! You clearly did not read my entire post or you have a questionable ability to read English.

        • Lovebug

          ‘Dont forget this country was literally built on the backs of African Americans’

          AmySue, I doubt that is true. There wouldn’t be so many black people living in places like So Central Los Angeles and other places if that were true.

        • rob

          immigrants are taking all jobs from americans arent they? what an idiot u are!!! if the lazy americans were filling up those jobs there will be no demand for immigrants. whites are looking for easy jobs, while blacks are picking up welfare because it pays more than McD. and others such as these two guys are loooking to sue people and make even easier money. and you are an idiot.

        • http://none Josh

          AmySue I have a few things to say to you because you are obviously a hispanic hating American. This thread had nothing to do with you bashing illegals. This particular Burger Joint is a private organization who chose not to hire two qualified 40+ African Americans, so lets focus on that and not your racism. And those same jobs that this country was so proudly founded on was tobacco, which is now primarily primed by Mexicans. I guess we should just wait a 100 years before we give a shit about their backs. But I would not expect you to know that because that would require an education.

    • Jasmine

      Chuck, you’re obviously talking out of the wrong end. 40 yr old men should be able to work in fast food if they want to. By law, they are allowed to. You see, in the real world, employment is hard to get, especially if you don’t have a degree. The problem is though that it’s hard to pay for college because it’s exhibortantly overpriced, and student loans aren’t always the solution, but rather debt traps that are difficult to get out of. Instead of shooting them down, you should be trying to lift them up for at least trying to make a living. And not everyone can work outside all day. Some people have conditions that make it impossible to do so without health problems. As for your comment on men getting a man’s job, you’re obviously living in the wrong decade if you think men should only get jobs in construction and manual labor. Men and women should be able to work where they want to work if they are qualified. Besides, you shouldn’t have to be qualified in fast food. It’s not brain surgery. You, on the otherhand, should learn to use her brain before speaking. It might help you next time.

      • KD

        It is the age old story of companies performing employee profiling. Ever been to a In-N-Out? They are all young attractive kids, mostly white. I’ve never seen anyone over tha age of about 21 that wasn’t an attractive kid, let alone a 40 yr old black man working at In-and-Out. It is all part of In-and-Outs culture and image.

        This isn’t a case of just these two men, but a case against a corporate wide policy of their hiring practices. Now do I agree with the two men? Not necessarily. Do I agree with In-N-Out, not necessarily. The two men have the right to apply and work anywhere, but at the same time I believe a company has a right, within limits, to hire who they want for certain jobs that are customer facing jobs. Do I think it is always fair, not always. I think there needs to be some onus on the employee as well, to work where they are better suited. Do you really want to be a 40 yr black man working around 19 yr old brats all day long?

        But this happens not just at a fast food place, but in every bar and restaurant (‘m not talking about places like Norm’s Diner). Ever walk into a stylish bar and not see hot babes working or attractive guys?

        People want to see other attractive people, it is only human. Companies use this to their advantage, just like the airlines use to when hiring flight attendants. Remember the days when they were all attractive yound women? There is also a benefit to having attractive women working positions like flight attendants. People are more receptive to a young sexy blonde than they would be to a 40 yr old black man. Especially when they have someone telling them to turn their damn ipad off. I’m not racist, just a realist.

        Back to In-N-Out, another reason they like hiring kids? Every employee has a 401k plan vested after 3 years, so most kids aren’t going to be around after 3 years so it saves them money.

    • Marcus

      You just proved their case of discrimination.

  • pete

    it is a private business.

  • Diquan Washington

    Seriously? What qualifications do they have? None were discussed. I am tired of my fellow African-Americans claiming racism every time they don’t get their way. Stop whinging and move on. Don’t run to the ACLU because they represent Neo-Nazis too… This country is so damn divided.

  • Darlene

    With unemployment at all time highs, I’m sure there are also AT LEAST two other Blacks, two Caucasians, two Hispanics, two Asians, etc., etc. who were also not hired by In and Out. Crying discrimination over every perceived slight has gotten old!

    • Ani Sabare

      not as old as discrimination..

      • rod roberts

        Im so sick of the stupid RACE card always being played!

        • Conni

          But it is being PLAYED ALL THE TIME.

      • Mignon

        I am a black woman and playing the race card as some call it is getting old when it is in fact PLAYING. I think it is a matter of itelligence and knowing when one is being discriminated against. When it comes to racial discrimination it is so very easy for someone who is not black or latino to say its as simple as a card being played…however when you are in front of someone for a job, housing etc…You know and feel when it is a matter of race. Until you have had to deal with it, please do not decide that it does not exist…it DOES and its sad. Maybe you arent racist but there are those idiots out there that are.

        God Bless

  • dirty whiteboy

    wanna talk racist ?? …… go to http://www.365black.com … thats pure racist

  • fartman

    In and out needs respectful, all colors young men and women, I have had some bad experiences with black teenagers at fast food restaurants. They were plain rude to me; they acted like the world owed them something. maybe In and Out Burger notice their attitude during the interview process. And no I’m not a racist. I was born a poor black child.

  • docann

    There are several In-and-Out Burger outlets within 10 miles of my house. The corporation is correct when they say “they hire accfording to the demographics of the community”. Several employees at the one in my neighborhood are black, because many black people live here. The one in Plano (10 miles away) has white employees. The one in downtown Dallas has black, Hispanic, and white employees. The one in Rowlett has a mixed crew, as well. There has to be another reason these men weren’t hired. I will say that the employees around here seem to be young (in their 20’s). Maybe it’s more of an age factor, but the racial component doesn’t realy play a part–at least around here.

  • http://yahoo george

    So if this suit reaches a successful decision for the plaintiffs the following will occur:
    Employers will not be allowed to hire based on the best candidate but whoever would have the most minority/sex/age/sexual preference/etc. cards to play.
    And what if there are less openings than candidates.Will the company be sued for not hiring all applicants if they are all “qualified”. Or will the employer or government have to pay them to sit home so they can not file suit?
    There are too many lawyers-this country must adopt “Loser Pays”!

    • Stoney

      I have been to most all the in and outs in southern Cali. Out of all of them I have seen one black teenager. Never have I seen a person even in their thirties let alone in their forties.

      I dont think the hiring has anything to do with racial preference. I do know for sure they prefer to hire younger more attractive people. Just like many other companies do. While I know it is wrong. Your serving burgers to different people daily. So for me I rather have a polite,cheerful young attractive female serving me. I am sure women enjoy being served by young attractive males regardless of race. This is the truth like it or not.

  • rick

    If I owned a business why I be told who I have to hire , my business I will hire who I want I’m tired of people who are after a quick buck by suing if they don’t get their way besides they were probably a couple of losers any way only showing up for a week then gone and suing for discrimination either way in and out would be getting sued

  • http://yahoo.com Bear

    I think In-N-Out is a quality business. I will be surprised if these claims aren’t baseless!

  • b

    its not race,but culture that is destroying america

  • kat

    In-n-out has always had a fast paced requirement, that I have in my lifetime never really saw anyone older then a certain age working there for that ONLY reason…I have seen black people work there,young ones that can keep up with the pace..This is NOT McDonald’s where service is slow. This place hires fast paced workers.There is NO way in the world they should ever dumb down their work force if the older guys can’t keep pace, with a VERY demanding fast paced jobs like this one..That is why they are so good with service and know how to do hamburgers..Anyone<– I see trying to take down this long time decent place,I consider to be a piece of ___,and needs to remove themselves from society. They are looking for a payday,and cannot face THEIR own failings… They need to deal with it. Young people are not equal with older people,PERIOD.Energy,and other obvious stuff is self evident.. They guy needs to leave them alone. LOSER

    • James

      I wonder how old you are because I’m almost 49 and I have worked fast paced jobs my whole life I am physically fit and can out work most people half my age a persons age dose not mean ther incapable of working a fast pace job people qualification are based on there individual qualification and experience not age race or sex. Not every one over 40 is old and fat

  • Shawn Santistevan

    I think they indeed discriminate for whatever reason they have, and this is coming from someone who is white. I live in a heavily-dominated Hispanic community and Caucasians are few and far between, and yet the local In-N-Out has managed to sniff out all the blonde hair and blue eyed kids with pale skin and hired them all up. Out of about 70 employees, about 7 are light-skin “white-washed” Hispanics, and the rest are white. No african americans, no asians, nothing else. Hell, not even white people with hair color other than blonde!

  • Lucas

    All i know because all of you old people, i struggle to get a first job….thanks