Areas of Discrimination Not Covered under Upcoming Workplace Fairness Legislation

30 Mr Yip Hon Weng asked the Minister for Manpower (a) what are the areas of discrimination that will not be covered under the new Workplace Fairness Legislation; (b) how can employees be encouraged to report workplace biases in workplaces without transparent performance appraisals and no clear policies and procedures about biased behaviours at the hiring, employment or dismissal stages; and (c) how can the Tripartite Alliance for Dispute Management help to mend workplace relationships and allay whistle-blowers' concern that their careers will be jeopardised.

Dr Tan See Leng: To be clear, all forms of discrimination not covered by the legislation will remain protected under the Tripartite Guidelines on Fair Employment Practices (TGFEP).

The new workplace fairness legislation will be a significant milestone for Singapore. In our consultations, we have heard concerns that legislation that is too wide would have a negative impact on employer-employee relationships. If the workplace becomes too cautious and litigious, relationships could suffer and this is not in the long-term interest of employers and employees. This proposed scope of the Workplace Fairness Legislation was determined after careful deliberations by the Tripartite Committee on Workplace Fairness so that workers are protected while the views of employers are also taken into account.

The proposed legislation will be scoped to cover the common and familiar forms of workplace discrimination, which are (a) age, (b) nationality, (c) sex, marital status, pregnancy status, caregiving responsibilities, (d) race, language, religion, (e) disability and mental health conditions. These five protected characteristics cover more than 95% of discrimination cases reported to the Tripartite Alliance for Fair Employment Practices (TAFEP). These support key policy objectives to encourage employment of women, caregivers, mature workers, persons with disabilities, among others.

Workplace discrimination may have been committed if employers made an adverse employment decision based on an employee’s protected characteristic. Employees may refer to the TGFEP and other materials by the Tripartite Partners for illustrations of what constitutes workplace discrimination and, just as importantly, what does not. More guides and materials will be published alongside the passing of the new legislation, and the tripartite partners will also strengthen the education of employers and workers. If employees are unsure if they have experienced workplace discrimination, they can approach their unions or TAFEP for advice and assistance.

Some employees may hesitate to report workplace discrimination for fear of retaliation. As such, the proposed legislation will include provisions to protect the identity of employees who report workplace discrimination and to protect them from retaliation by employers.

Even as we develop this new legislation, we want to maintain a workplace culture that is harmonious and not litigious. Mediation of workplace discrimination claims at the Tripartite Alliance for Dispute Management (TADM) will continue to be the primary focus, with emphasis on educating employers on fair employment practices and mending the employment relationship. Parties could explore monetary or non-monetary remedies, such as the employer reinstating an employment offer or the employer providing an apology. As a neutral party, TADM will assist both parties to arrive at fair and mutually agreed outcomes.

We will continue to work closely with all stakeholders to build fairer and more harmonious workplaces in Singapore.