Employers try to choose the best candidate from all of the applications that they receive when they are hiring for an open position. When an employer chooses not to hire someone and is accused of discrimination by a prospective employee, this can be difficult to prove, particularly if the company has a strong track record of taking care of its employees. Lawyers in New York are often needed to provide assistance to people in cases of alleged age or race discrimination in order to protect their employee rights.

A fast food restaurant chain, In-N-Out Burger, is facing a class action lawsuit for discriminating against prospective employees based on their age and race. The lawsuit was filed by two candidates who applied for store associate positions with the fast food chain. They believe they were turned down because they are over the age of 40 and are African American. Both of the men claim they were qualified candidates. One job candidate had several years of experience in similar positions. The attorney for these plaintiffs has alleged that the fast food chain has engaged in pervasive race, color and age discrimination as a matter of policy.

The fast food chain claims that the allegations just aren't true. The restaurants where the two men applied have more than 23 percent African American employees. The restaurant chain also has a good reputation for protecting its employees' rights. In fact, employees receive a minimum salary of $10.00 per hour at most of the 200 restaurants that the chain operates, which is significantly greater than the minimum wage in most states, including New York.

Although the allegations against this fast food chain may be difficult to prove, this case provides greater awareness of the issue of employee rights in the hiring process. Companies that are suspected of engaging in any kind of discrimination may find themselves the subject of a similar lawsuit.

Source: NY Daily News, "In-N-Out Burger faces discrimination lawsuit," Charlie Wells, Sept. 8, 2012