212.627.8100When you are applying for a new employment position, you want to get a sense of the environment in which you will be working. Many job applicants take a look at the potential employer’s website, social media posts, and other marketing materials to determine whether the stated core values align with their own. When they participate in the interview process, either in-person or virtually, they often listen not only to the words the professionals use, but also to their tone, nonverbal gestures, and the overall atmosphere of the experience. For instance, an interviewer that is overtly stiff and unresponsive to any warm greetings may deter those applicants who are seeking a more inviting and welcoming workplace. While job applicants are looking for a position in which they can perform well and thrive, employers are also looking to hire employees who will support the company’s mission and goals. As an applicant, you may have been told that you possess all of the necessary skills and training, but that you simply are not the right “cultural fit.” This can be a disorienting and confusing experience, as this overly vague and subjective term can sometimes be a cover for unlawful discrimination.
If a current or prospective employer has denied you a well-deserved promotion or declined to hire you because they think you are not a good “cultural fit” for the company, you may seek the guidance of a highly qualified and experienced New York employment law attorney who can help you assess the specifics of the situation and identify the most strategic course of action. It’s worth noting that the term “cultural fit” does not automatically signal that an incident of employment discrimination has taken place; rather, an employer’s use of this term may be part of a larger effort to deny you a promotion or position due to other factors. Let’s take a look at some examples of hiring and promotion discrimination in New York and when the term “cultural fit” can become a cover for acts of employment discrimination.
What Does “Cultural Fit” Really Mean Within the Context of Employment?
Employers typically seek workers who will be team players and support the mission and goals of the company. As they assess prospective applicants, they may use the term “cultural fit” to describe those individuals who are the most likely to carry out the company’s goals and work well with other employees. If this term sounds vague, that’s because it is. “Cultural fit” can be used subjectively and applied inconsistently. In some cases, the term can be used to decline a position to an applicant whose work experience is not relevant to the current position. Or, it can be used to deny employment to an otherwise well-qualified applicant based on a protected characteristic, such as race, ethnicity, religion, or age. In other words, the use of “cultural fit” to justify an employment decision can be a euphemism for unlawful acts of employment discrimination in New York.
When “Cultural Fit” Becomes a Cover for Discrimination in New York
Denying a highly qualified job applicant or employee a position or promotion because they are not the right “cultural fit” tends to have a disproportionate impact on candidates of color, women, members of the LGBTQ+ community, and older workers. An employer may exhibit patterns in rejection or promotion denials that are tied to protected characteristics like race, gender, religion, or age (among others). Although most employers are careful to avoid admitting that their decision was based on an applicant’s protected characteristics, they may use euphemisms to disguise these acts of workplace discrimination. Language like “this candidate does not have the right energy for the position” or “this person would not mesh well with the team” can be red flags of cultural fit discrimination. Concerned applicants or employees can discuss their options with an experienced and trusted New York employment discrimination attorney to identify the most appropriate response.
Legal Protections for Employees and Job Applicants in New York
It’s important to recognize that federal and state employment laws prohibit acts of discrimination. Under the NYC Human Rights Law, employers are obligated to focus on the requirements of the job itself and whether a given candidate is qualified to fulfill these requirements. When assessing candidates for hiring or promotion, employers must use objective, non-discriminatory criteria (i.e., the applicant’s work history). This means that an employer that uses “cultural fit” to exclude or treat an applicant adversely because of a protected characteristic or background, this may be considered an unlawful act. When you share your concerns with a trusted and experienced hiring discrimination lawyer in New York, you can review your legal rights and the policies set forth by the U.S. Equal Employment Opportunity Commission (EEOC) that are designed to protect you from these unjust employment practices.
How to Spot and Document Workplace Bias That’s Disguised as “Cultural Fit”
If an employer denies you a position or promotion because the interviewing team felt you “weren’t the right cultural fit,” you can make a note of this, as well as any other observations or concerns you have. For instance, if a candidate with a noticeable accent applies for a position, an employer may deny them the position because they need someone who is more “client facing.” Or, a woman who is returning to work after welcoming a new baby may be told by her employer that she has been demoted because they want to make sure that she may no longer be able to keep up with the intense demands of her former position. If any of these vague justifications have been used to deny you a position or a promotion, consider enlisting the services of an experienced New York workplace bias attorney who can help you assess your options. Whether you decide to file an internal complaint or file a workplace diversity lawsuit in New York, your attorney will be able to protect your best interests and support you along the way.
Learn More About Your Legal Rights And Options Today
At Levy Ratner, we believe in championing the rights of employees and helping them take action against instances of workplace discrimination. If you are struggling with discrimination, unfair treatment, or bias in the workplace, reach out to our New York office today at (212) 627-8100 to discuss your options with a highly experienced and dedicated employment law attorney.