Of lately noticed the reply that had bubbled up.If a rejected candidate PERCEIVED that a question in an interview or questionnaire was an attempt by the employer to identify the candidate's facial origin, sex/marriage status, sexual orientation, religion or disability status (or his age, from October 2006) then the candidate has a right to take action under the relevant anti-discrimination laws.
What the candidate "perceives" about any question is not important.
Most of the govt or public sector jobs advertised does ask candidates nationality and work permit status in the UK during the recruitment stages itself. Candidate has all right to perceive that they are potentially discriminating questions. But it doesnt work that way.
The questions about facial/ethnic, sex, religious or any similar lines for job purpose arise only after the selection process of the individual concerned. A candidate cannot assume that questions asked prior to the selection process or during the interview are racialy discriminating or biased.
That’s why the communication and literature is very important and different for :-
Reason for rejection &
Reason for non-selection
The rejected candidate himself has to quantify the rejection and/or non-selection reasons provided in writing based on his background and evaluation criteria applied by the selection/screening processs, the interviewer or his companies policies in place (example non filing of work permit for candidates).
Put it this way, for upto a certain level, the employer always has an edge when it comes to selection process of a candidate, and when a candidate becomes an employee has every right to leave work and that always gives him/her an edge over the employer.
Disputing both cases are unnecessary and waste of time I would say, unless there is a real discrimination that breaks the law.