From 1 October 2020, the Ministry of Manpower (MOM) has enforced stricter conditions for employment agencies to prevent discriminatory hiring. Recruitment agencies are now required to comply with the Tripartite Guidelines on Fair Employment Practices (TAFEP) or risk losing their licenses.
Since recruitment agencies are responsible for placing 3 out of 10 employees in various organisations, it is imperative that such agencies adopt fair and merit-based hiring processes. But it is not just recruitment agencies that need to adhere to such practices. Businesses big and small should adopt a fair hiring practice to avoid any instances of discrimination.
Read Also: Understanding The Tripartite Guidelines On Fair Employment Practices & Fair Consideration Framework
What Is Discriminatory Hiring In Singapore?
Discriminatory hiring refers to recruiting employees based on factors other than their ability to do the job. According to the Tripartite Guidelines, such discriminatory factors include age, religion, race, gender, nationality, marital status and family responsibilities. It also refers to preferential hiring of foreigners over Singaporeans.
Discrimination may happen at any point of the hiring process and as an employer, it is vital that managers, supervisors or HR personnel are aware of this and trained to avoid discriminatory practices. According to MOM, employers are expected to observe fair employment guidelines such as:
– Recruit and select employees on the basis of merit (such as skills, experience or ability to perform the job), and regardless of age, race, gender, religion, family status or disability.
– Treat employees fairly with respect and implement progressive human resource management systems.
– Provide employees with equal opportunity to be considered for training and development based on their strengths and needs, to help them achieve their full potential.
– Reward employees fairly based on their ability, performance, contribution and experience.
– Abide by labour laws and adopt the Tripartite Guidelines on fair employment practices.
Discriminatory practices can occur at any stage of recruitment.
#1 Job Advertisements
Selection criteria for the job opening should be stated clearly, such as:
– Type of experience, e.g. marketing experience or software programming experience
– Amount of experience, e.g. three years in relevant field
– Education qualifications, e.g. degree in engineering, diploma in nursing
– Specific skills, e.g. proficient in HTML
– Employee’s willingness to commit to particular job requirements, e.g. frequent travel, shift work or weekend shifts
Employers who advertise a position requiring a specific attribute should be avoided. One of the most cited examples of discriminatory attributes in job advertisements is “Mandarin-speaking candidates only”. This may be viewed as discriminatory and that the employer prefers a certain race over others. However, if Mandarin is a language that is indeed a requirement to perform the job (such as communications with China, Mandarin customer service hotlines or Chinese teacher in a preschool), the reason for this attribute should be stated clearly to avoid any misunderstanding. Words or phrases that indicate preference for non-Singaporeans should not be included in the job advertisement.
Employers should avoid words or phrases that suggest job preference for candidates of certain age groups. Examples of such phrases include “youthful-looking”, “young”, and even “fresh graduates”. If the nature of a job is physically demanding, rather than indicating a cut-off age, an employer should accurately describe the tasks required, such as “candidates are required to lift sacks of rice of at least 10kg each” or “candidates are required to operate heavy equipment”.
If a particular gender is needed for a job position, such as a female model for a women’s clothes boutique, the reason for seeking a woman over a man should be stated clearly. Otherwise, words or phrases such as “female working environment” or “waitress” should be avoided.
Marital status and religion are criteria that are irrelevant in employment and should not be mentioned at all, unless it is a job that has specific religious functions, which should be clearly and objectively presented.
#2 Job Application Forms
Job application forms should be reviewed to avoid any fields that collect information that are irrelevant, such as age (or NRIC), gender, marital status and whether the applicant is pregnant, has children or a disability. Employers should also avoid asking applicants to declare personal information such as their mental health condition. Nevertheless, if there is a job-related requirement, you can ask for such information and clearly state reasons for collecting the information.
Instead, forms can include fields that are required to assess a candidate’s skillsets such as word processing, computer literacy, professional qualifications, or similar job experience.
#3 Tests
If tests are required to assess a candidate’s suitability for the job, the test should be relevant to the job and reviewed regularly to ensure that it is free from bias in content and scoring.
#4 Job Interviews
When it comes to interviews, it may be difficult for job interviewers to avoid stereotyping candidates as some may do so unknowingly. One way to steer clear of any bias questions is to stick to questions that are relevant in assessing a candidate’s suitability. Should there be questions that are perceived to be discriminatory, the reason for asking those questions should be explained to prevent any misunderstanding.
Questions relating to the job such as describing relevant work experience or explaining how the candidate coped with challenges are examples of interview questions that can be asked. Questions to do with religion or asking the candidate whether he or she has kids should not be asked, as well as questions about whether the candidate plans on having more children in the future.
If the position requires frequent travelling, interviewers should give full details of the job and ask the candidate if they are able to meet the requirements.
How Is Discriminatory Hiring Identified
MOM has a few ways to identify employers that engage in discriminatory hiring practices. First, through complaints from the public when a job applicant files a complaint to the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP). TAFEP will then engage the employer and encourage them to adopt fair hiring practices. If the employer fails to do so, the matter will be referred to MOM.
Second, MOM utilises data analytics by comparing employment data of a particular company with industry peers. If the data found is significantly different from industry peers and points to discriminatory hiring, the organisation will be flagged.
In November 2020, using their analytics model, MOM identified 260 cases of discriminatory hiring in the first half of this year. The analytics model helped identify employers who may have pre-selected foreigners when hiring or not adhered to the Fair Consideration Framework job advertising requirements when submitting Employment Pass applications. Around 90 employers had their work pass privileges suspended.
Penalties For Discriminatory Hiring
While the example above highlights unfair hiring practices with preferences of hiring foreigners instead of Singaporeans, employers may be penalised for other discriminatory hiring practices too. Should that happen, employers will first be placed on a Fair Consideration Framework (FCF) Watchlist. They will then be given up to six months to improve their human resource practices. If they have shown that their practices have improved, they will be removed from the watchlist and no further action will be taken.
Currently, there are no laws in Singapore that hold errant employers accountable for unfair hiring practices. The Singapore National Employers Federation (SNEF) also recently stated that legislating is “not the way to go” since only a “minority of employers carry out discriminatory practices” and therefore it will be too costly to sort it out legally. Instead, SNEF encourages employers to seek help from TAFEP, as this would offer employers an opportunity to explain their side of the story during investigation or mediation.
What Else Should Employers Do?
First, familiarise themselves with the Tripartite Guidelines on Fair Employment practices. Second, ensure other employees – especially those involved in recruitment – are aware of the guidelines and the do’s and don’ts. Third, if employers are still in doubt, they should seek counsel from TAFEP. The tripartite provides tools and resources, including training workshops, advisory services and educational materials for employers.
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