Say it ain't so! A new lawsuit filed in Alameda County Superior Court alleges that two black men over the age of 40 were passed over for jobs at the lily-white burger chain's locations in Oakland and San Francisco due to their race and age.

The class action suit, brought by a Berkeley law firm, claims that the Irvine-based fast food chain with the cute paper hats "recruits, hires and maintains a work force that is predominantly under the age of 40 and/or non-African American." Out of 210 locations and thousands of employees, "very few" are older than 40 years old or black. The suit is also calling for a payout in the form of back pay, compensatory damages and punitive damages on behalf of everyone over 40 and/or not white that In-N-Out has wronged with their allegedly unlawful hiring practices.

For their part, the cult burger chain's VP and general counsel denied the accusations, claiming the company hires "from our local communities and our restaurants reflect the demographics of that community." So that should get them off the hook for the Fisherman's Wharf location at least.