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Discrimination questionnaires

The purpose of a discrimination questionnaire is to obtain information to assess whether or not you have a legal claim.

It can also be used to ask any questions of the employer which may provide evidence of discrimination.

A questionnaire can be used to ask employers to explain its behaviour.

For example, in relation to a case regarding an unsuccessful application regarding a promotion board, a claimant may ask:

  • How many senior promotion boards have taken place over the last five years
  • Details of applicants, by race, sex, disability, religion or belief or sexual orientation (as appropriate) and by length of service and grade.
  • Identification of the successful applicants by race, sex or disability, religion or belief or sexual orientation
  • Why the successful candidate scored higher

Carefully constructed questions can reveal the relative strengths and weaknesses of the case being pursued.

Who do I give the questionnaire to?

The questionnaire should he served on the employer - not the person who perpetrated the discrimination.

Take advice from PCS as to who to send the questionnaire to.

Failing that, you could send it to the personnel department by special delivery, thereby ensuring there is a permanent record of the document being delivered and served.

It is then up to the personnel department to process the questionnaire in the appropriate manner.

There is no legal requirement for the employer to respond to the questionnaire. However a failure to respond or an evasive response, invites a Tribunal to draw an adverse inference.

Where can I get a discrimination questionnaire?

Questionnaires are available through the Equality and Human Rights Commission web site.