The suit was filed on Tuesday in Northern California, at the Alameda County Superior Court; and alleges that In-N-Out Burger engages in “a pervasive policy of discrimination on the basis of race, color and age” in its hiring processes, according to the Oakland Tribune.
Both of the men are over 40-years-old, and claimed in the suit that In-N-Out Burger “recruits, hires and maintains a workforce that is predominantly under the age of 40 and/or non-African-American,” the Tribune reported.
The men say they were qualified for the jobs they applied for at In-N-Out Burgers in Oakland and San Francisco, but were not hired.
In a statement, the Irvine, Calif., company denied the men’s claims.
“In-N-Out Burger does not discriminate on the basis of ethnicity, race or age in our hiring policies or practices,” Arnie Wensinger, the chain’s vice president and general counsel, told the Oakland Tribune. “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.”
The owners of In-N-Out are considered devout Christians who include Bible quotes on sandwich wrappers and drink cups, according to the Christian Science Monitor, citing this verse on milkshake cups from Proverbs 3:5: “Trust in the LORD with all thine heart; and lean not unto thine own understanding.”
In-N-Out Burger was established in 1948 in Baldwin, Calif., near Los Angeles, according to the Christian Science Monitor. The chain has 281 locations, mainly in California, according to the company’s website.