Bay Area Men Claim In-N-Out Burger Discriminates in Hiring Process

09/24/2012 // San Francisco, CA, USA // Keller Grover LLP // Attorney Eric Grover // (press release)

San Francisco, CA—A popular fast-food chain, In-N-Out Burger, is facing a class-action lawsuit filed by two Bay Area men who claim that the restaurant discriminates against African Americans and those who are older than 40-years-old, reports Eric Grover, a Bay Area employment attorney at Keller Grover LLP.

The lawsuit was filed after two Bay Area men attempted to obtain jobs at San Francisco and Oakland locations, but were rejected even though they were advertising open positions at those outlets. Both men are African-American and are over the age of 40-years-old, reports the San Jose Mercury News

In May 2012, plaintiff Carlos Dubose reportedly applied for a position as a cleanup associate at the Fisherman’s Wharf location in San Francisco. Dubose was denied the job, so he applied for a job at the Oakland location in June. Both locations were openly advertising on their website that they were “accepting applications for all shifts.” But Dubose was also denied the job at the Oakland location as well, even though the manager stated that they planned to hire five people within a two-month time span.

Alonzo Brown encountered a similar situation when he applied for an associate job at an Oakland location in June. After meeting with the store manager and being told the company was hiring, he was denied the job about two months later.

The discrimination lawsuit asserts that both men were qualified for the positions they were seeking. Although both plaintiffs were initially told that In-N-Out Burger was hiring, they were later informed that they weren’t actively hiring.

“These are not isolated examples of employment practices or individual decisions,” the lawsuit read. “On the contrary, these incidents are representative of the Company’s systematic discrimination against the Class and in favor of applicants who are under the age of forty and/or not African American.”

“The company will aggressively defend itself against these baseless and irresponsible allegations,” the attorney for the Irvine-based chain stated.

“Under state and federal labor laws it is prohibited to discriminate against someone based on their race or age, which is what the suit against In-N-Out Burger alleges,” says Eric Grover, a Bay Area employment lawyer. “If some one is qualified for a an open job, they should be given a fair chance to prove themselves on the job, not passed over because of their race and age.”

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