To reduce instances of workplace discrimination and a Tripartite Committee on Workplace Fairness convened in 2021. In an interim report, they have 20 recommendations to protection workers from workplace discrimination.
The committee viewed legislation as a way to strengthen the current framework. Enacting legislation will provide legal protection for employees who face workplace discrimination. Workers who experience workplace discrimination can now seek legal redress. This can provide non-monetary and monetary remedies to rightful claimants.
Having legislation will also provide a range of enforcement levers against discriminatory acts by employers. This can also be based on the severity of the discriminatory behaviour. Nevertheless, mediation should still be the preferred approach to resolving workplace discrimination disputes
Here are the 20 recommendations in the interim report:
Read Also: Understanding TAFEP Guidelines On Fair Employment Practices & Fair Consideration Framework
#A To Strengthen Protection Against Workplace Discrimination:
Recommendation 1: Prohibit workplace discrimination in respect of the following characteristics:
- age,
- nationality,
- sex, marital status, pregnancy status, caregiving responsibilities,
- race, religion, language,
- disability and mental health conditions (“protected characteristics”).
Recommendation 2: Retain and enhance the TGFEP to work in concert with legislation. The TGFEP will uphold overarching principles of fair and merit-based employment and provide protection against all forms of workplace discrimination.
Recommendation 3: Cover all stages of employment i.e. the pre-employment (e.g. recruitment), in-employment (e.g. promotion, performance appraisal, training selection) and end-employment (e.g. dismissal) (“employment decisions”).
Recommendation 4: Prohibit the use of words or phrases in job advertisements that indicate a preference for a protected characteristic. (e.g. “Chinese/Malay preferred”, “Youthful working environment”). This is so that job advertisements remain focused on job requirements.
Recommendation 5: Legislate the job advertisement requirement for submission of Employment Pass and S Pass applications under the existing Fair Consideration Framework.
Employers submitting Employment Pass and S Pass applications will need to first advertise the job vacancy on MyCareersFuture for a specified period and fairly consider all candidates that apply.
Read Also: Anti-Discrimination Processes Recruiters Should Adopt To Comply With Fair Hiring Practices
Recommendation 6: Prohibit retaliation against those who report cases of workplace discrimination or harassment. This may include:
- 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)
Employers who retaliate against those who report workplace discrimination and harassment should face enforcement action.
Recommendation 7: Enhance the TGFEP to provide protection against discrimination for workers engaged in work through service buyers (e.g. property management companies) and intermediaries (e.g. platform companies providing matching services).
For example, buyers of security services should not stipulate discriminatory requirements in their tenders (e.g. security guards younger than a certain age), and platform companies should allocate work fairly.
#B Provisions To Support Business/Organisational Needs And National Objectives
Recommendation 8: Allow employers to consider a protected characteristic in employment decisions if it is a genuine and reasonable job requirement For example:
- A wellness establishment may require its therapists to be female, as their job is to carry out personal body massages and spa treatments for their female customers. Being female is a genuine and reasonable job requirement in this case.
- An airline may require its pilots to be under the age of 65, in compliance with the regulatory age limit for airline pilots in Singapore.
Recommendation 9: Exempt small firms (<25 employees) from the legislation for a start, with a view to tighten this exemption in five years. Smaller firms may not have the expertise and resources to fully implement the legislated requirements for a start. Nevertheless, over 75% of employees will still be covered with this exemption.
Recommendation 10: Allow religious organisations to make employment decisions based on religion and religious requirements (i.e. conformity with religious beliefs and practices). I.e. places of worship (e.g. church, mosque, temple) and religious entities with solely religious purpose/ function (e.g. bodies that organise, administer, or provide training on, religion and religious affairs) have the discretion to make employment decisions based on religion and religious requirements (i.e. conformity with religious beliefs and practices), for any job role.
Recommendation 11: Allow employers to favour persons with disabilities and seniors (≥55 years) over other groups in hiring decisions, even if another candidate may be equally or more qualified.
This supports the ongoing agenda to promote and facilitate employment opportunities for these groups. To uphold the principle of merit, the candidate must still meet baseline job requirements, and in-employment decisions such as promotion would still be based on merit.
#C Processes For Resolving Grievances And Disputes While Preserving Workplace Harmony
Recommendation 12: Require employers to put in place grievance handling processes. Employers should also protect the confidentiality of the identity of persons who report workplace discrimination and harassment, where possible.
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
Recommendation 13: Require 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.
Recommendation 14: Ensure that Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) continue to provide advice and assistance to workers who experience discrimination and advise employers on improving employment practices.
Recommendation 15: Ensure that unions continue to play a constructive role in dispute resolution for workplace fairness. Allow unions to support their members in the claims process similar to other employment claims today.
Ensuring Fair Outcomes Through Redress For Victims Of Workplace Discrimination, And Appropriate Penalties For Breaches
Recommendation 16: Encourage parties to explore non-monetary remedies, such as reinstatement of an employment offer or providing an apology letter, where practicable.
The focus should be on correcting errant practices and mending the employment relationship where practicable, and not primarily monetary compensation.
Recommendation 17: Allow monetary compensation of up to
- $5,000 for pre-employment (e.g. recruitment) claims. This takes into consideration that there is no employment relationship yet.
- $20,000 for non-union members, and $30,000 for union-assisted claims in recognition of the role of unions in the claims process, for in-employment (e.g. promotion) and end-of-employment (e.g. dismissal) claims.
Recommendation 18: Empower the ECT to strike out frivolous or vexatious claims, or award costs of up to $5,000 to be paid by the unsuccessful claimant
For example, a jobseeker filed a claim for discrimination on the basis of sex because she was not selected for a job. However, she could not provide any evidence of discriminatory behaviour by the employer. If the jobseeker persists with this claim to the ECT, it may be a frivolous claim.
Recommendation 19: Allow the State to concurrently conduct investigations on claims that involve suspected serious breaches of the workplace fairness legislation, with a view to taking enforcement action.
Recommendation 20: Provide a range of penalties including corrective work orders, financial penalties and work pass curtailment that can be imposed against firms and/or culpable persons, depending on the severity of breach.
- Low severity: Corrective Orders issued by the MOM requiring, for example, firms to review their hiring processes, and individual employees to attend corrective workshops. Such breaches are likely the result of individual actions and indicative of potential gaps in human resource processes.
- Moderate severity: Administrative Penalties (APs) imposed by MOM, of up to a few thousand dollars. APs will generally be imposed for repeat breaches that indicate a lack of attention/care by both the firm and individuals on rectification of errant practices.
- High severity: Civil Penalties – For the most serious cases where a firm and/or decision maker shows clear intent to discriminate in a systemic manner, MOM may bring an action against the firm/decision-maker in the Courts, where larger financial penalties may be imposed.
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