In-N-Out Burger sued for race discrimination in hiring The popular California-based restaurant chain, In-N-Out, is being sued for discrimination. KNTV's Cheryl Hurd reports. A class action lawsuit was filed in California this week alleging that the popular In-N-Out burger chain discriminates against people of color. We believe individuals that are applying for store associates and custodial positions at In-N-Out burger. Certain individuals are being discriminated against by their age, race and or color," Joel Young said. Attorney Joel Young represents two African American men over the age of 40. In the complaint, filed in Alameda County, across the Bay from San Fancisco, it says one applied for a job in Oakland in June after he was told the store was hiring. In August he was told he didn't get the job. The complaint also says a second plaintiff applied for positions in San Francisco and Oakland after being told the company is always hiring. Young says his client was also denied employment. He says both his clients are qualified for the jobs they applied for. In-N-Out Burger was unavailable for comment, but Arnie Wensinger, the company's vice president and general counsel is quoted as saying, "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. They're kids -- they're young kids that work there. They make a lot of money," said Bernard Martin, an In-N-Out customer.