Employers often talk about “cultural fit” when reviewing candidates for job openings. In many workplaces, that means looking for employees whose values, communication preferences and work ethic align with the organization’s environment.
While considering cultural fit isn’t unlawful, companies should be careful not to cross the line into discrimination. Likewise, employees shouldn’t view every hiring or employment decision based on “fit” as a violation of the law.
What does “cultural fit” mean?
There is no single defining term for cultural fit. Employers often use the term to describe qualities such as:
- Communication style
- Adaptability
- Professionalism
- Alignment with the organization’s mission
- Ability to work effectively with colleagues
These can be legitimate considerations if they are applied consistently and relate to the job’s requirements. However, problems arise when “cultural fit” becomes a substitute for decisions based on age or other protected characteristics.
Both federal and state laws protect older workers from age discrimination. The federal Age Discrimination in Employment Act (ADEA) applies to employees who are 40 years and older. The California Fair Employment and Housing Act (FEHA) provides broader protections than the federal law and applies to employers with five or more employees.
These laws apply to many aspects of employment, including:
- Hiring
- Promotions
- Compensation
- Training opportunities
- Discipline
- Layoffs
- Termination
All employers are to make decisions based on legitimate business reasons and not on an employee’s age.
The term “cultural fit” doesn’t establish discrimination. Still, questions may arise if it’s combined with other factors, such as repeated references to a “young,” “fresh” or “energetic” workforce; employment decisions that consistently disadvantage older workers; or recruiting efforts designed to discourage older applicants.
When employees believe they are being discriminated against because of their age, it’s natural to react by confronting their supervisor or Human Resources, reducing their productivity or quitting. A better approach is to discuss their concerns with a legal professional who can evaluate the specific facts and review their options.