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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What is a statutory discrimination questionnaire?
Is there a time limit for an individual to serve a statutory discrimination questionnaire on an employer?
Is there a time limit for answering a statutory discrimination questionnaire?
The standard answers form for use when responding to a discrimination questionnaire already includes some questions. These ask the employer to what extent it agrees with the claimant’s version of events; what the employer’s own version of events is; whether or not the employer accepts that the treatment of the claimant was unlawful; and if it does not accept that it was unlawful, why not. The form also has a blank box for the claimant to ask additional questions. It is usual practice for additional questions to be set out on an attachment to the form.
The primary purpose of the questionnaire is to obtain information concerning the relevant factual issues of the case. For example, in a race discrimination case where a claimant alleges that he or she was not appointed because of his or her race, the claimant could ask questions on the selection criteria used by the employer; how the candidates were scored on those criteria; why he or she was rejected; and the reason the successful candidate was appointed. Relevant statistical information can also be requested, for example a breakdown of the workforce and/or job applicants by racial profile.
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