The Singaporean government is planning to introduce legislation against workplace discrimination in the second half of 2024. What does this mean for employers, and how can you ensure that your organisation is ready?

What is it?

The Workplace Fairness Legislation (WFL) aims to strengthen protections against discrimination and assure workers that they can come forward to report without fear of retaliation. WFL will also ensure that employees and job seekers have fair access to job opportunities. It will cover all stages of employment, i.e. the pre-employment (recruitment), in-employment (e.g. promotion, performance appraisal, training selection) and end-employment (e.g. dismissal) stages.

Who will be affected by the WFL?

The WFL will directly affect companies with over 25 employees based in Singapore. Exempted companies remain subject to Tripartite Guidelines on Fair Employment Practices (TGFEP) and current wrongful dismissal protections. Anyone who has experienced workplace discrimination can seek advice and support from the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP). If a breach of TGFEP is found, TAFEP will report the case to MOM for enforcement.

The purpose of WFL

WFL is an attempt at building fairer and more harmonious workplaces and will signal that there is no place for workplace discrimination in Singapore. The recommendations for these new laws were proposed by the Tripartite Committee on Workplace Fairness after close to two years of intensive consultation with a wide range of stakeholders.

The legislation will focus on direct discrimination, and is defined as making an adverse employment decision because of any [protected] characteristic. This extends to having discriminatory policies.

Protected characteristics

The legislation will prohibit workplace discrimination concerning the following [protected] characteristics:

Age;
Nationality;
Sex, marital status, pregnancy status, and caregiving responsibilities;
Race, religion, and language;
Disability and mental health conditions.

Details on some of the protected characteristics

Age, sex, and nationality are easily identifiable characteristics, but other traits may not be as clear-cut, such as the following:

Pregnancy status

The Committee recommends that 'pregnancy' includes women during pregnancy, statutory maternity leave, breastfeeding, and those who express a desire to bear children.

Caregiving responsibilities

The Committee recommends that 'caregiving responsibilities' should encompass individuals caring for a family member in need. This includes but is not limited to parents, in-laws, a spouse, biological and step-children, regardless of the caregiver's gender or whether they live in the same household as the person for whom they are caring.

Disability

The Committee recommends that the definition of disability should align with that of the Enabling Masterplan. The definition should cover individuals with autism or any intellectual, physical, or sensory disability, or a combination of such disabilities, that significantly impact their ability to carry out day-to-day activities.

Mental health conditions

The Committee recommends that the definition of 'mental health conditions' should include more severe forms of diagnosed mental disorders that typically cause distress or impairment in important areas of functioning. The coverage of such conditions should be discussed with relevant experts, and the details should be made available when the legislation is introduced.

Exceptions

Employers may consider a protected characteristic if it is a genuine and reasonable job requirement.
Firms with less than 25 employees are exempted from the legislation initially, with a review in five years.
Religious organisations can make employment decisions based on religion and appropriate religious requirements.
Employers can receive assistance in the recruitment of people with disabilities and seniors who are 55 years or older.

In cases of [alleged] workplace discrimination

How workplace grievances should be resolved

1. The legislation will require employers to put grievance handling processes in place.

The proposed grievance handling requirements to be legislated include:

Putting in place a proper inquiry and documentation process.
Informing employees of the firm's grievance handling procedures.
Communicating the outcome of the inquiry to the affected employee.
Protecting the confidentiality of the identity of persons who report workplace discrimination and harassment, where possible.

2. Compulsory mediation

Companies will need to seek compulsory mediation for workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) first, with adjudication at the Employment Claims Tribunals (ECT) as a last resort.

3. Unions will continue to play a constructive role in dispute resolution for workplace fairness. The legislation will allow unions to support their members in the claims process like other employment claims today.

4. Protection from retaliatory behaviours by employers

The Committee recommends prohibiting the following retaliatory behaviours:

Wrongful dismissal
Unreasonable denial of re-employment
Unauthorised salary deduction
Deprivation of contractual benefits,
Harassment
Any other act done to victimise the individual who made the report (i.e. single out the individual for unjust treatment).

Note: the provision of employee benefits will not be covered under the legislation.

Fair resolution for workplace discrimination and penalties for violations

At TADM mediation, the focus should be on educating employers on correct practices and mending the employment relationship where practicable, and not primarily monetary compensation.

If deemed applicable, monetary compensation will be provided:

Up to $5,000 for pre-employment claims
Up to $20,000 for non-union members and $30,000 for union-assisted claims, for in-employment and end-employment claims

Penalty for frivolous and vexatious claims

The Employment Claims Tribunal (ECT) will get the authority to dismiss unfounded or harassing claims.
The ECT can demand up to $5,000 in costs from the claimant in these instances.
If a claim is dismissed or costs are awarded, employers can take disciplinary action.

Breaches of the Workplace Fairness Legislation

Where the claim involves a suspected serious breach of the workplace fairness legislation, the committee recommends allowing the State to conduct investigations to take enforcement action concurrently.

Also, the legislation will provide a range of penalties, including corrective orders, work pass curtailment and financial penalties that can be imposed against firms and/or culpable persons, depending on the severity of the breach. This will be based on the level of severity of the breach.

Lastly, the Committee recommends legislating the Fair Consideration Framework job advertising requirement. Unless exempted, employers submitting Employment Pass and S Pass applications must first advertise the job vacancy on MyCareersFuture for a specified period and fairly consider all candidates that apply. The legislation will prohibit words or phrases in job advertisements that indicate a preference for a protected characteristic.

What does this legislation mean for your company?

To boost compliance with the upcoming legislation, companies should:

Audit the current policies and processes to see how well they adhere to the TGFEP. You can use the free tool Fair and Progressive Employment Index for this.
Promote equal opportunity and diversity in recruitment, procedures, policies, and culture.
Provide reasonable accommodation for employees with disabilities.
Implement comprehensive compliance training programs.
Establish precise and confidential reporting mechanisms.
Regularly review and update procedures and policies.
Offer information on external resources.
Consult legal experts when needed.
Maintain thorough records of the organisation’s admin processes.
Foster open communication channels with employees.
Assign accountability for compliance with consequences for non-compliance.
Have grievance handling processes in place for employees’ concerns to be analysed and resolved fairly. You can use the grievance handling handbook.

Bear in mind

The TGFEP isn't going anywhere. It covers all fairness issues at work, even beyond what the law addresses.
Rather than being swapped out, the TGFEP is getting an upgrade alongside the new fairness laws.
It's all about fair and merit-based work, fighting against any kind of discrimination out there.

To ensure that your company is ready for the upcoming legislation, contact us for a consultation.