Elijah Obeng, 21 years old, filed a lawsuit against In-N-Out Burger for severe emotional distress after he was allegedly targeted by the burger chain’s dress code. The dress code requires employees to wear company-issued hats with their hair tucked in, and male employees must be clean-shaven.

Obeng worked at the Compton In-N-Out store for almost four years between 2020 and 2024. Obeng went to work with his natural hair. Management requested that he cut or alter his hair to fit the company’s uniform hat. Obeng began wearing his hair in braids allegedly to conform to In-N-Out company policy.

Management allegedly told Obeng that he needed to cut his sideburns. Obeng claims he began experiencing different treatment when he did not cut his sideburns. He was punished for minor policy violations, such as not attending work meetings, which Obeng claims his colleagues did not face.

Obeng’s last day was May 25, 2024. His manager allegedly told him to go home, shave his sideburns, and return. Instead, Obeng left and texted his supervisor that he would return for his next shift. Obeng was fired a few days later.

In-N-Out denies the allegations and claims that Obeng was terminated due to prior write-ups.

Hairstyle Discrimination Is Considered a Form of Racial Discrimination

The California CROWN Act, passed in 2019, prohibits employers from discrimination based on hairstyle and texture. The law protects hairstyles such as braids, locs, twists, and bantu knots. The law is intended to be an extension of racial discrimination laws because hairstyles are often associated with specific racial and cultural identities.

Similar laws were passed in New York, New Jersey, New York City, Washington, Maryland, Nevada, Virginia, Colorado, Texas, Massachusetts, and Michigan. Congress has made several efforts to pass a federal version of the CROWN Act, but thus far, no such federal counterpart has been enacted.

The California CROWN Act is worded such that it doesn’t matter if an employer requires all employees to wear the same hairstyle. Most discrimination laws prohibit an employer from intending to discriminate against an employee based on a trait that cannot be easily changed, such as race or gender. However, the California CROWN Act bars disparate treatment. That is, California employers are barred from enacting policies that result in a negative outcome for people with different hairstyles. Thus, even unintentional discrimination based on hairstyle is prohibited by the California CROWN Act.

This means that it is generally illegal for California employers to fire or otherwise punish an employee for having certain hairstyles. It is still permissible for a California employer to terminate an employee, but generally it should be done for reasons other than the employee’s hairstyle.

Do I Need a Lawyer to File a Claim for a Hostile Work Environment?

An employment lawyer can assist you with a hostile work environment claim, including reporting the claim to the EEOC or local state agency. Your lawyer can also help you gather evidence and represent you in court if a lawsuit is necessary.