The suit filed Tuesday in Alameda County Superior Court asks a judge to order the restaurant chain to end discriminatory practices and to provide back pay and other monetary relief to those who have been unlawfully denied employment.
The suit claims both men were qualified for jobs at In-N-Out but weren't hired because they are black and also over the age of 40.
The restaurant chain has 210 restaurants in California.
Arnie Wensinger, In-N-Out Burger's vice president and general counsel, denied the allegations in the lawsuit.
