In-N-Out Burger Sued For Racist Hiring Practices

In-N-Out Burger caters to people who love animal style fries, giant burgers, and even grilled cheese sandwiches, but, according to a lawsuit, what the company does not cater to is black people over 40 who are trying to land a near minimum wage job.
A class action lawsuit filed in Alameda County Superior Court earlier this week claims that the Irvine-based fast food chain has discriminated against African American job applicants.
The two plaintiffs who filed the lawsuit claim they were qualified for jobs but were never hired by the fast food chain.
According to the Bay City News:
“The restaurant chain has 210 restaurants in California and thousands of employees but the suit charges that ‘very few’ are over 40 and/or black. Steve Tidrick, the attorney for the plaintiffs, 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.”
The plaintiffs are asking that In-N-Out Burger change its hiring practice and then offer back pay and financial compensation to any African Americans who were denied employment by the company.
Speaking to the Associated Press, In-N-Out Burgers general council 100 percent denies the class action lawsuits claims.
In-N-Out pays a starting salary of $10 per hour, $2 better than California’s minimum wage. It is unclear at this time what type of compensation package the two denied employees are seeking from the fast food chain.
Do you think In-N-Out Burger will prevail in its class action lawsuit defense?







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Sep 7, 2012
Pervasive racial discrimination, over only 2 employees. This is the living breathing definition of frivilous litigation.
Sep 7, 2012
same old, same old, here's a company who pays 2-3 dollars more per hr. whatever progressive lawyer ginned up all these charges because throughout the las vegas area, 90% of the employees are either hispanic or black…Inn and out are 100% private franchisees..they offer a great uncomplicated menu, more pay, profit sharing,, what other fast food joint does that? nothing like punishing success so the porgies can make sure we're all EQUALLY miserable.
Sep 7, 2012
tryin to cash in on the negro lottery…screw these black assholes.
Sep 7, 2012
I have noticed that all in and outs are very busy and fast paced. But the crew is always really hustling and are fast, polite, clean cut, and courteous. They work well as a team and share the dirty jobs with a smile on there face. I notice a good mix of minorities mostly college age kids. They are only two people and this a a classic lets sue and hope they settle out of court waste of time.
Sep 7, 2012
unemployment is at an all time high, and they are being sud because they didn't give people jobs? Does that mean every person ever denied a job can sue and get back pay? I once applied to be head engineer at a development plant about 10 years ago. I shoud sue, and if I got back pay on 110k/yr x10 years, carry the one, divided by pi, that's a whole lot of back pay. I sit here in disbelief. Is this what our nation has come to? Hire me or I will sue?
Sep 7, 2012
In-N-out does usually have younger workers working there but so what its their business and they want to project a youthful image. I hate going into fast food restaurants and behind the counter is some middle age obese guy. I hope this suit fails.
Sep 7, 2012
THIS IS RIDICULOUS!
Sep 7, 2012
your a moron
Sep 7, 2012
I owned a similar drive through operation for 10 years. In N Out has always been ahead of the curve. They pay more and, yes, they DO discriminate……they get the BEST candidates. They discriminate based on quality of goods and quality of people that they hire. I was in San Diego a few years ago and marveled at how a major chain down the street had a very low-energy atmosphere and the In N Out had rock star employees. White, Asian, Black, Latino, this store had them all……but no losers. All had winning attitudes with upward mobility on their minds. Looking around at the staff I wondered if they would have hired me? They simply raised the bar. Go down the street and apply there….I guarantee that that store does not discriminate on race or quality of staff. Please separate the two when you whine.
Sep 7, 2012
This smells like an ambulance chaser suit. Considering it was filed in northern CA, and In-n-Out is also a company that wears it's faith on it's sleeve, I'm suprised it took this long. Bet a dollar the LBGT suit is waiting in the wings…
Sep 7, 2012
Another completely frivilous lawsuit. The platiffs should be sued and their lawyer sued for cost. We don't know the details of the case. Any restaurant fast food or not wants neat and clean employees, so if these guys came in with their baggy pants sagging around their calves and more dreadlocks than an NFL running back than it is not discrimination.
Sep 7, 2012
people seriously sue for just about anything these days. I've got turned down for fast food jobs sooo should I sue too? no. I know I'm overqualified and they probably know that if something else better turns up, I'm out the door. It could've been that way for these people too. I dunno…we don't have in-n-out down here.
Sep 7, 2012
Creative litigation at it's best. It's cases like this that take away from seriousness.
of real cases by making it all look like "we're out for a buck" ambulance chasing.
Sep 7, 2012
White guilt. They downgrade instances of racism because they refuse too accept racism exists at the hands of their doing. They don't know the facts but don't really care. Black, discrimination and lawsuit is all they see too deem the victims frivolous. Discrimination and racism will always exist as long as its not acknowledged.
Sep 7, 2012
The numbers will tell the story. I am reserving judgement until then. I did credit counseling for a few years and had a number of clients say as they got older they were let go and told their job had become redundant. But surprise someone younger was hired for a lot less pay to do a similiar or exact same job.
I love when people who are younger say there is no discrimination. I want them taped and want to play that same tape back to them when they cry foul lol.
Sep 7, 2012
e numbers will tell the story. I am reserving judgement until then. I did credit counseling for a few years and had a number of clients say as they got older they were let go and told their job had become redundant. But surprise someone younger was hired for a lot less pay to do a similiar or exact same job.
I love when people who are younger say there is no discrimination. I want them taped and want to play that same tape back to them when they cry foul lol.
Sep 7, 2012
*You're
Sep 7, 2012
I used to work for the company and I would say they hire younger people (my speculation) because it's a fast pace job which requires a lot of physical demands an older person might have issues with. I worked with MANY older people in my time at the company. Also, INO doesn't hire people full time immediately, I think it's unlikely people over 40 are looking for part time work. As for the race thing, I call BS. It sounds like these guys want special treatment for being black and think all black people should be hired because of their race. I knew NUMEROUS white people who were turned down who were qualified. My stores used to get up to 30 applications a day, we didn't have many spots to fill. There was a small employee turnover rate.
Sep 7, 2012
I used to work for the company and I would say they hire younger people (my speculation) because it's a fast pace job which requires a lot of physical demands an older person might have issues with. I worked with many older people in my time at the company though, so obviously they weren't completely opposed to hiring over 40. A majority of applicants were early-20's anyway. Also, INO doesn't hire people full time immediately, I think it's unlikely people over 40 are looking for part time work. As for the race thing, I call BS. It sounds like these guys want special treatment for being black and think all black people should be hired because of their race. I knew NUMEROUS white people who were turned down who were qualified. My stores used to get up to 30 applications a day, we didn't have many spots to fill. There was a small employee turnover rate.
Sep 7, 2012
So, Let me see the big issue is that the company pays two dollars over the mini in Ca? Not that the company choices to hire people whom are not of color right? This is," 2012 and we are closer to 2013 then 2012". slavery and color issues should of stopped 100 years ago? it dosen't make any sense? The "In and Out" company should get sued because they are stupid? To show the other companys out there who are trying to be just as stupid that they will not get away with stupidness! it has got to stop so we can all get alone. and stop the divion of this country and love and heal "all people" for our children. "hate it easy" we show our children that on TV, some V.games, ect, how about a change and show love I am not saying ".
Porm"for some of you out there! " real love!"
Sep 7, 2012
Your post was very hard to read, so I hope I'm understanding it correctly. People like you are part of the problem. There is no proof that INO doesn't hire people based on the color of their skin. I went to INO last night and 2 of the workers out of 8 were black (I'm friends with 1 of them). I worked for the company for years, I worked with people of all races. I NEVER saw racial discrimination. Do you think people should get a leg up in employment based on their race alone? I don't. These 2 people weren't hired (my store alone turned down at least 30 people a day), why are they jumping straight to race? Sounds like there's an entitlement issue from these 2 boys.
Sep 7, 2012
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Sep 7, 2012
agreed. this place needs to be shut down. after it pays up.
Sep 7, 2012
ASIA FOR THE ASIANS, AFRICA FOR THE AFRICANS, WHITE COUNTRIES FOR EVERYBODY!
Everybody says there is this RACE problem. Everybody says this RACE problem will be solved when the third world pours into EVERY white country and ONLY into white countries.
The Netherlands and Belgium are just as crowded as Japan or Taiwan, but nobody says Japan or Taiwan will solve this RACE problem by bringing in millions of third worlders and quote assimilating unquote with them.
Everybody says the final solution to this RACE problem is for EVERY white country and ONLY white countries to “assimilate,” i.e., intermarry, with all those non-whites.
What if I said there was this RACE problem and this RACE problem would be solved only if hundreds of millions of non-blacks were brought into EVERY black country and ONLY into black countries?
How long would it take anyone to realize I’m not talking about a RACE problem. I am talking about the final solution to the BLACK problem?
And how long would it take any sane black man to notice this and what kind of psycho black man wouldn’t object to this?
But if I tell that obvious truth about the ongoing program of genocide against my race, the white race, Liberals and respectable conservatives agree that I am a naziwhowantstokillsixmillionjews.
They say they are anti-racist. What they are is anti-white.
Anti-racist is a code word for anti-white.
Sep 7, 2012
What a bunch of crock Tired of these People making BS claims. The 3 In N Outs I eat in San Diego have at least 5 African Americans working, more Hispanics, and few Whites. and want to cry Racist, NONE have anyone over 40 working so before you claim the Seniors are discriminated agaisnt even more And we don't see what the background checks showed, they were qualified in their opinion but were there other applicants better qualified, anthing in the background to keep them from the job? Did the Store have back applications and hire from the the first ones turned in.
Sep 7, 2012
The One is El Cajon is mass packed daily and with as you said a multitude of diversity. Black,Asian,Hispanic, White one thing missing Seniors No Seniors at all I will give that one to McDonalds and the El cajon one all great Customer Service bust rears, even the one cleaning the dinig area works fast and SMILES
Sep 7, 2012
Carol Daniel Wooten not closed down the folks suing shold be arrsted with the lawyers for the lawsuit In n Out averages 200 applications a day per store
Sep 7, 2012
You are so far off the facts You have two people and a couple of lawyers wantign their money making these claims Go to the In N Outs and see the large racial harmony the locations all have. Blacks,WHites, Hispanics, and Asians. Some of all, locations with 100- to 200 applications a day, thousands of waiting list applications on file and in many many cases applicants more qualified as in they have worked a fast food restaurant before and these two do not have experience Want a law suit this is why prices go up on food every yearr frivilous lawsuits and lawyer fees to defend the Company. Before you condem In n Out check them out I have been in all in San Diego County mostly El Cajon and they all have a larger diversity of employees except lack of Seniors
Sep 7, 2012
You are so far off the facts You have two people and a couple of lawyers wantign their money making these claims Go to the In N Outs and see the large racial harmony the locations all have. Blacks,WHites, Hispanics, and Asians. Some of all, locations with 100- to 200 applications a day, thousands of waiting list applications on file and in many many cases applicants more qualified as in they have worked a fast food restaurant before and these two do not have experience Want a law suit this is why prices go up on food every yearr frivilous lawsuits and lawyer fees to defend the Company. Before you condem In n Out check them out I have been in all in San Diego County mostly El Cajon and they all have a larger diversity of employees except lack of Seniors
Sep 7, 2012
Heather I am 60, I have 40 years working in the Food industry, 15 years as a cook in the Navy. I have worked for Whataburger in Texas, Hardees in Norfolk VA. I have lived in San Diego for 27 years working in the Hospitality Industry but have faced medical bills this past year for my wife and I and a car accident my Son was in and hospitilized. In the 27 years I have eaten at In n Outs all over the County and have NEVER seen anyone at a SIngle location over 40 maybe even 35. I have seen all races but No Seniors In the past year I have applied 8 times in EL Cajon and Lemon Grove and never even been called in for an interview. On top of this I went to the one in Lemon Grove and there was an employee a teenager working that applied the same day I did. I know I have more experience that this kid does,and can keep up I cooked for 6000 3 meal a day for 15 years on a carrier. Yet not even an interview call and I did put for salary Minimum pay To me if they discriminate it is against Seniors at the same time I accept it they do have backlogs of applications I lucked out a McDonalds that hires Seniors in fact we have 7 over 50, 2 over 60 hired me Their Gain In n Outs loss
Sep 7, 2012
Thes are men wanting to get rich You are so far off the facts You have two people and a couple of lawyers wantign their money making these claims Go to the In N Outs and see the large racial harmony the locations all have. Blacks,WHites, Hispanics, and Asians. Some of all, locations with 100- to 200 applications a day, thousands of waiting list applications on file and in many many cases applicants more qualified as in they have worked a fast food restaurant before and these two do not have experience Want a law suit this is why prices go up on food every yearr frivilous lawsuits and lawyer fees to defend the Company. Before you condem In n Out check them out I have been in all in San Diego County mostly El Cajon and they all have a larger diversity of employees except lack of Seniors
Sep 7, 2012
Thes are men wanting to get rich You are so far off the facts You have two people and a couple of lawyers wantign their money making these claims Go to the In N Outs and see the large racial harmony the locations all have. Blacks,WHites, Hispanics, and Asians. Some of all, locations with 100- to 200 applications a day, thousands of waiting list applications on file and in many many cases applicants more qualified as in they have worked a fast food restaurant before and these two do not have experience Want a law suit this is why prices go up on food every yearr frivilous lawsuits and lawyer fees to defend the Company. Before you condem In n Out check them out I have been in all in San Diego County mostly El Cajon and they all have a larger diversity of employees except lack of Seniors
Sep 7, 2012
who do you sue when mcdonalds hires a black or hispanic manager and there are no white employees?
Sep 7, 2012
Four words: How do you know? I dont argue with ignorant ppl so I will leave you with this, again.
"They downgrade instances of racism because they refuse too accept racism exists at the hands of their doing. They don't know the facts but don't really care"
Sep 7, 2012
I think this lawsuit is completely unfounded, baseless, and I hope the courts agree.
Sep 8, 2012
I can sat the same back to you HOW DO YOU KNOW??? You dont I base my information off years of being a Manager and dealing with these kind of allegations How do YOU know how they dressed, how do you know if the were more qualified. I do know the In N Out Burger they claim this on has 4 African Americans employed and you can find out also by calling them You dont know the impression in the interview if there was one the Men gave toe Manager, Your ASSUMING they are Racists of two peoples word and a Lawyer. You call me ignorant why? Because I dont agree with you and can show you facts to support In N Out Burger Company wide but your blind to it you see what two people say and believe them. This from a Company that one pays more than any other Fast Food Restaurant , and one that puts bible verses on the bottom of the cups If You call Irvine HS you will find In N Out are one of the most Diverse Restuarant chains in the United States in their hiring Can you PROVE they downgrade or is just your own opinion without proof? lay it on I will counter with Proof your wrong
Sep 8, 2012
maybe i didn't understand. i thought they were discriminating against people because of age and race. it they aren't, it is unfounded and the suit should be thrown out. please forgive me if i have not gotten it right in my mind. i just hate to see people treated badly because of who they are and how old they are.
Sep 8, 2012
I applied to In-N-Out and didn't get hired. I'm white. Should I file a lawsuit?
GET OVER YOURSELVES.
Sep 8, 2012
I applied to In-N-Out and didn't get hired. I'm white. Should I file a lawsuit?
GET OVER YOURSELVES.
Sep 10, 2012
Haha. How recently did you apply?
Sep 22, 2012
walk a mile in someone's shoses before speaking…
Oct 21, 2012
This lawsuit is completely unfounded. I worked at In-N-Out for almost 7 years. I worked at numerous stores and met people of all different races and ages. At one store there was an 80+ year old man working there. Another has a couple women in their 50's. Another store has an african american man in his late 50's. At every store I've worked at had various races and a wide range of age groups.
This is what one would call a vexatious law suit. The people just were not qualified or did not have a great personality. Maybe they didn't have a great interview, were late, had misspellings on their application, or any of the other numerous reasons why someone would not get hired by a potential employer. People need to take responsibility for their actions and stop pulling the race or age card.
Oct 21, 2012
The correct spelling is, "shoes." Spelling is another reason why someone would not get hired by a potential employer. In fact, your statement is a fragment and should be revised.
Mar 2, 2013
The restaurant would most likely will win the lawsuit…if they took it to court. Age and race are two protected classes according to the Uniform Guidelines on Employee Selection Procedures, but the two together are not. The plaintiffs would have to have to show adverse impact according to the four-fifths rule in either category (age or race) in order to win. Doesn't matter what race the older people are OR what age the black people are. Furthermore, big businesses typically hire firms to monitor the surface-level diversity of their employees and notify them when they are in risk of being out of compliance with the uniform guidelines. However, typically in situations like this, the company caves, offers a settlement, and apologizes because the negative press and subsequent loss of business is more costly to them than just paying up. Guilty or not, it's still a more prudent business decision to just make the problem go away even if it means paying/apologizing to people that were not discriminated against.
Mar 2, 2013
The restaurant would most likely will win the lawsuit…if they took it to court. Age and race are two protected classes according to the Uniform Guidelines on Employee Selection Procedures, but the two together are not. The plaintiffs would have to have to show adverse impact according to the four-fifths rule in either category (age or race) in order to win. Doesn't matter what race the older people are OR what age the black people are. Furthermore, big businesses typically hire firms to monitor the surface-level diversity of their employees and notify them when they are in risk of being out of compliance with the uniform guidelines. However, typically in situations like this, the company caves, offers a settlement, and apologizes because the negative press and subsequent loss of business is more costly to them than just paying up. Guilty or not, it's still a more prudent business decision to just make the problem go away even if it means paying/apologizing to people that were not discriminated against.