Complaints Received on Indirect Discrimination and Denial of Reasonable Accommodations at Workplaces
Ministry of ManpowerSpeakers
Summary
This question concerns an inquiry by Mr Chong Kee Hiong regarding the number of workplace complaints on indirect discrimination and denial of reasonable accommodations and their potential inclusion in legislation. Minister for Manpower Dr Tan See Leng stated that the Tripartite Alliance for Fair and Progressive Employment Practices received eight indirect discrimination complaints and zero reports on denied accommodations since 2019. He explained that these will not be legislated to avoid legal uncertainty and litigation, which could inadvertently deter employers from hiring those needing accommodations. Instead, the Tripartite Guidelines on Fair Employment Practices will continue to offer protection, supplemented by a new tripartite advisory on reasonable accommodations. Minister for Manpower Dr Tan See Leng emphasized that the legislation will work with existing guidelines and TAFEP remains available to assist affected employees.
Transcript
47 Mr Chong Kee Hiong asked the Minister for Manpower (a) how many cases of feedback and complaints regarding (i) indirect discrimination and (ii) denial of reasonable accommodations at the workplace has the Ministry received over the last five years; and (b) whether the Ministry will consider including these as part of the definition of discrimination in legislation.
Dr Tan See Leng: Between 2019 and 2023, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) received eight complaints of indirect discrimination. These complaints form roughly 0.5% of the total number of workplace discrimination complaints that TAFEP received. TAFEP has not received complaints on the denial of reasonable accommodations.
The Tripartite Committee on Workplace Fairness received suggestions to cover indirect discrimination and reasonable accommodations under the Workplace Fairness Legislation but recommended against doing so. Prohibiting indirect discrimination in the legislation imposes very wide legal obligations on employers, resulting in uncertainty for both employers and employees. The employee-employer relationship may become more legalistic as a result.
The difficulty in clearly defining what constitutes reasonable accommodation is real and can result in heavy litigation as seen in other jurisdictions. Hence, prematurely prohibiting the denial of reasonable accommodations may result in an overly rigid approach that inadvertently deters employers from hiring employees who may need such accommodations.
This does not mean that protection is lacking for those who may face indirect discrimination or the denial of reasonable accommodations. The Workplace Fairness Legislation will work in concert with the Tripartite Guidelines on Fair Employment Practices, which will continue to provide protection against indirect discrimination. The tripartite partners will also be releasing an advisory on the provision of reasonable accommodations for persons with disabilities. Should employees face issues on indirect discrimination and reasonable accommodations in the workplace, they may approach TAFEP for advice and assistance.