Is it legal to ask someone do they think they fit in during an interview? 16 Answers as of March 21, 2013

Please help me I am a 7th grader and I take a law and order class at gifted and my research doesn’t really prove anything.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of William S. Lindheim | Fred Fong
Of course it is legal. Any employer who is hiring will want to know if the applicant for the job will fit into the organization or not. Thus the question is legitimate.
Answer Applies to: California
Replied: 3/21/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Please try to re-state your question. It's not clear what you mean by 'fit in.' Do you mean would they fit in socially with their co-workers? Or is 'fit in' as you see it a ploy by an employer to skirt the anti-discrimination laws?
Answer Applies to: Wisconsin
Replied: 3/21/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes it is legal to ask that. It is not about race, sexual orientation or any forbidden topic.
Answer Applies to: Michigan
Replied: 3/21/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
It's an interesting question and I'm not sure I understand how you mean what you're saying.
Answer Applies to: Iowa
Replied: 3/21/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I am not sure whether it is legal. I am sure that it makes sense to ask the question if the person being interviewed is given a detailed and realistic view of the work environment. For example, some people prefer to work in a structured environment, and so putting them in a position of being completely self-directed could be difficult for them to thrive. I think that it is only fair to ask in that case.
Answer Applies to: Michigan
Replied: 3/21/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    I see nothing wrong with the question. Employers have a legitimate reason for asking this question since they have a vested interest in making sure that their individual employees work well with one another.
    Answer Applies to: Ohio
    Replied: 3/21/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Probably, as long as issue doesn't regard a legally-protected class matter. For example, if the person interviewing is obese, and the questioner asks whether he fits in given his obesity, that would violate most states' anti-discrimination laws, such as the Michigan Elliot-Larson Act (disallowing discrimination for sex, weight, religion, ethnicity, etc.). Good luck in your law class!
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    I don't practice employment law, but I don't see why it would be an unacceptable question.
    Answer Applies to: Florida
    Replied: 3/20/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Don't see why not This is supposed to be a free country even tho the progressives on the left are trying to shut down freedom of speech and press.
    Answer Applies to: North Carolina
    Replied: 3/20/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Ask your teacher about how to research your answer.
    Answer Applies to: New York
    Replied: 3/21/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It may depend on the purpose of the interview. For example, what is allowed for an interview for a TV show, verses what is allowed for a job interview, verses, what is allowed for admission to a school, verses what is allowed in a criminal investigation differ. For this purpose, I will assume it is a job interview. Also, I will caution you that this is a personal injury Q&A forum, and this is somewhat outside my area of expertise. Given that caveat, I know of nothing illegal in asking " Do you think you fit in." If your teacher has asked you to research this, I am at a loss to understand the purpose for this question, because this does not seem to relate to any area in job interviews that might be forbidden. Subjects that job interviewers should avoid relate to gender, race, nationality, religion, age and health. This is because Title VII of the civil rights act prohibits making hiring or firing decisions based on gender, race, nationality, and religion. The Age in Employment Discrimination Act (ADEA) prohibits hiring/firing decision that discriminate on individuals 45 years of age or above. The Americans with Disabilities Act (ADA) prohibits adverse decisions in hiring/firing based on a disability (bad health). Thus, a question, "do you think you are physically fit?" might be prohibited because it could be used as a basis of discriminating against hiring someone who has a disability. If you ask a minority race or Middle Eastern job candidate "do you think you fit in?" one might try to argue that the question is targeted at their race or nationality. However, I would think the question is more targeted at the candidate's ability to get along with others and is race and nationality neutral. O.K., I confess, I do a little employment discrimination law, but just enough to be dangerous.
    Answer Applies to: South Carolina
    Replied: 3/19/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It is perfectly legal, because what is shows is the applicants belief, not any reality.
    Answer Applies to: Georgia
    Replied: 3/19/2013
    Sarrail, Castillo & Hall, LLP | Monica Castillo
    You need to research what is legal to ask, and maybe conclude that anything outside that list is not legal. Or vice-versa, research what is illegal to ask, and anything outside that list is probably legal. Good luck on your research project.
    Answer Applies to: California
    Replied: 3/19/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Rather than ask them that kind of a question, try asking it in a different way like: If hired what kind of contributions do you believe you could make to our company? What kind of back ground or experience do you have that would prove beneficial to our company? You cannot ask questions about age, religion, sexual preference, whether the person is pregnant... these kinds of questions could subject the company to claims of discrimination. You can say things like: Our company has a zero tolerance for drugs and alcohol and we do ask our employees to submit to drug testing as a condition of employment . I hope this helps. Good luck.
    Answer Applies to: Washington
    Replied: 3/19/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    You're talking about a job interview? I don't see why it would be illegal to ask someone "whether they think they fit in". That, by itself, would be a pretty typical question in any interview. Of course, I suspect your assignment is probably a little more complicated than that. It is illegal to discriminate against a job applicant because of race, religion, age, etc. I imagine that your hypothetical situation involves a job applicant who doesn't "fit it" because of his race or ethnicity? The issue, then, would be this: did the interviewer discriminate against the applicant by drawing attention to the fact that the applicant did not "fit in" racially with the company? Interesting assignment. Unfortunately, I don't have an easy answer for you. Try posting the question on a forum for employment lawyers. Maybe also add a few more details.
    Answer Applies to: California
    Replied: 3/19/2013
    Hamblin Law Office | Sally Hamblin
    That question is not an illegal one unless there may be a concern regarding a disability, religion, race, etc. Then you would have to look at entire format of questioning, the job, etc.
    Answer Applies to: Michigan
    Replied: 3/19/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney