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Lawsuit claims In-N-Out keeps out older and black applicants

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This post has been updated. Please see the details below.

A class action lawsuit filed this week accuses In-N-Out Burger of trying to keep black and older applicants out of its workforce.

Alonzo Brown and Carlos Dubose – both black Oakland residents over age 40 – said in the suit they were qualified for jobs at the fast food chain but were passed over due to their race and age.

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The complaint, filed in Alameda County Superior Court, alleges that In-N-Out’s thousands of employees at its nearly 300 restaurants are “predominantly” young and not black.

Brown said that despite his “extensive years of experience,” he was denied a store associate position in August. Dubose was not hired for a cleanup associate post in July and overlooked for a store associate job in August.

The suit seeks back pay and monetary relief and an end to what plaintiffs call “systematic discriminatory hiring practices” at In-N-Out. The chain made more than $500 million in revenue in its last fiscal year, according to the complaint.

[Updated, Sept. 7, 11:05 a.m.: In-N-Out general counsel Arnie Wensinger denied the accusations, saying they “have no basis in fact” and that the restaurants where the plaintiffs applied “each have a workforce that is over 23% African American.”

“In-N-Out Burger does not discriminate on the basis of ethnicity, race or age in its hiring policies or practices,” Wensinger said in a statement. “We hire from our local communities and our restaurants reflect the demographics of that community. The company will aggressively defend itself against these irresponsible allegations.”]

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