Complaints of Job Discrimination Faced by People with Disabilities

25 Ms Rahayu Mahzam asked the Minister for Manpower (a) from 2012 to date, what is the number of complaints received regarding job discrimination faced by people with disabilities; (b) whether the Ministry has received feedback from individuals or organisations on job discrimination faced by people with disabilities during this period; (c) what are the main examples of discrimination; and (d) whether the Ministry will study the need for an anti-discrimination law to protect such persons.

The Minister of State for Manpower (Mr Zaqy Mohamad) (for the Minister for Manpower): Mr Speaker, MOM takes a serious view of workplace discrimination, and this includes unfair employment practices against persons with disabilities. We expect all employers to abide by the principles of fair and merit-based employment practices outlined in the Tripartite Guidelines on Fair Employment Practices (TGFEP).

In the past five years, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) received about 1,600 complaints on workplace issues, of which, four complaints were allegations of discrimination against persons with disabilities. Upon investigation, TAFEP found no evidence of discrimination, but that the main reason for such complaints was due to poor communication and lack of sensitivity when working with persons with disabilities. All the four cases were closed after TAFEP provided advice to the employers to improve their employment practices.

We urge all individuals who feel that they have been discriminated against to approach TAFEP for advice and assistance. MOM will not hesitate to take actions against offending companies and curtail their work pass privileges.

There is no conclusive evidence that anti-discrimination laws necessarily improve employability of persons with disabilities. In fact, such laws may have the unintended consequence of deterring employers from hiring them in the first instance. This may happen when employers are fearful that workers cannot be dismissed even with legitimate reasons or that their actions would be misconstrued as being unlawful.

The key to addressing discrimination is to change mindsets, and the effective tools for achieving this goes beyond legislation. For example, MOM supports employers through the Open Door Programme and Special Employment Credit scheme to improve employment outcomes for persons with disabilities. TAFEP also promotes fair and inclusive employment practices, and contribute to better employment outcomes for persons with disabilities.

Mr Speaker: Ms Rahayu Mahzam.

Ms Rahayu Mahzam (Jurong): I thank the Minister of State for the explanation. I would just like to refer Minister of State to the recent study conducted by the Disabled People's Association together with IPS and the insights that they had discovered with regards to the unfair practices against people with disabilities. I am wondering what the Ministry's position on it is. I note that the numbers are not big but it does tell or show towards some discrimination which are not spoken of or where it is not clear whether there is discrimination, especially when no reasons are given when they are not given promotion or where they are not given the jobs. So, I am also wondering what the Ministry's position is on that. And I appreciate the difficulties and the counter-effect of having legislation but without legislation it is very difficult to enforce or implement certain policies. I am wondering if there is a middle ground to this. We could impose certain requirements or policies where you would require some sort of transparency when we speak about promotion or in employing people of disabilities.

Mr Zaqy Mohamad: I thank the Member for her supplementary questions. Firstly, MOM takes a very strict view; we take every discriminatory practice, whether for persons with disabilities or otherwise, very seriously. But, in fact, recently, the Tripartite Partners have also launched two tripartite standards that will help encourage companies not to have discriminatory practices, including against persons with disabilities. One was launched last November when we launched the Tripartite Standards of Recruitment Practices; the other one was in October when we launched the Tripartite Standards on Grievance Handling. These efforts are complemented by more specific measures by MOM, SGEnable and PWOs to help persons with disabilities gain employment and support employers to hire persons with disabilities through programmes such as Open-door Programme.

But I think, more importantly, the law today covers those who are disabled and those who are not under the Employment Act. Under the Employment Act, individuals who feel that they are wrongfully dismissed, including due to the disability, may appeal to MOM. If substantiated, MOM will take action against the employer, including requiring the errant employer to compensate the individual. Wrongful dismissal claims will be heard by the Employment Claims Tribunal in April 2019, after the Employment Act is amended later this year. We urge all individuals who feel that they have been wrongfully dismissed to approach MOM for advice and assistance as soon as possible.

Mr Speaker: Mr Melvin Yong, keep it short.

Mr Melvin Yong Yik Chye (Tanjong Pagar): Thank you, Mr Speaker. On occasions, we have also heard of employers who have made special arrangements for their disabled employees. Would MOM consider working with the Labour Movement and NGOs such as the Disabled People's Association to raise awareness on the best practices by these enlightened employers with disabled employees? And secondly, would MOM consider working with the Tripartite Partners to have such best practices put together as Tripartite Guidelines or even a Tripartite Standard.

Mr Zaqy Mohamad: I thank the Member for his supplementary questions. To help address discrimination against persons with disabilities, the Government takes a holistic and comprehensive approach through the Third Enabling Master Plan and this is done in collaboration by MOM with MSF and SGEnable to maximise the potential and opportunities for persons with disabilities.

The Third Enabling Master Plan (EMP3) serves as a road map for Singapore to build a more inclusive society where persons with disabilities are empowered to contribute and realise their potential. Initiatives under the EMP3 include the Workplace Disability Inclusive Index which is an online assessment tool that helps employers assess their readiness to hire persons with disabilities and to identify areas for improvement. Second one is the Job Placement and Job Support Programme which provides vocational assessment and job-matching in open employment and post-placement support for up to 12 months and the Bi-annual Enabling Employers Award and Inclusive Business Forum which recognises and propagate progressive employment practices among employers.

I am also glad that the Member asked about the involvement of Tripartite Partners because, as I alluded to Member Rahayu's questions earlier, in addition to supporting the EMP3, MOM launched two Tripartite Standards to Promote Inclusive Hiring Practice and Manage Workplace Grievances. As part of the Tripartite Standard of Recruitment Practices, the Standard encourages fair, merit-based and inclusive hiring practices for persons with disabilities, among other groups. As of the end of August 2018, about 700 employers with about 375,000 employees have adopted this Standard.

Last October, when we launched the Tripartite Standard for Grievance Handling, the standard applied specifies a set of variable and actionable employment practices for companies to manage workplace grievances, including allegations of discrimination more effectively. Employers adopting this standard commit to put in place clear processes for handling employees' grievances to ensure that these are adequately dealt with. As of end August, about 750 employers with close to 430,000 employees have signed up for the Standard. MOM's focus is now to encourage more employers to adopt this standard and we will certainly support our Tripartite Partners in this endeavour.

Mr Speaker: The short answer was yes and yes to both questions. Order. End of Question Time.

[Pursuant to Standing Order No 22(3), Written Answers to Question Nos 26, 29-31, 33-34, 36, 38-39, 44-46, 48-56, 58-69, 71-76, 78, 82, 85 and 86 on the Order Paper are reproduced in the Appendix. Question Nos 27-28, 32, 35, 37, 40-43, 47, 57, 70, 77, 83 and 84 have been postponed to the next available sitting of Parliament.]