Not in the clause. It should be in the job description. Upfront and explicit:

   We expect you to drink and bond with the team. We are looking for a person who is very similar and can fit in very well socially with the team we have built. 

I think this is fair. I think it is UNFAIR for someone who is not this person to pretend that he is, get the job then use the law to protect himself from getting fired.

Let me ask you, do you think what the later person did is fair?