Between 2018 and 2022, an average of 315 discrimination complaints were received by TAFEP and MOM.

More than half of the complaints – 176 of them – concerned nationality and 77 concerned age. Only nine were classified as “other”.

Complaints that do not fit the protected characteristics will remain covered by the Tripartite Fair Employment Practices Guidelines.

If the law is passed, employers will also be required to have grievance handling processes in place to facilitate the resolution of disputes within the company.

Employees who report discrimination or harassment will be protected from retaliation by employers, disclosure of their identity, and civil or criminal liability, such as when employers attempt to seek damages for breach of trust or defamation .

Although the focus is on educating employers and maintaining a harmonious workplace, the legislation will allow a range of measures to be taken against individuals or businesses in difficulty. These include corrective orders aimed at combating stereotypes and shaping mentalities, administrative financial sanctions and legal proceedings initiated by the State for the most serious violations.

The report of the Tripartite Commission on Equity at Work presents several examples of failings. A company posting a job advertisement indicating a preference for women due to the belief that women perform better in sales roles may be issued with a correction order for its first offense.

At the other end of the spectrum, a company that favors the promotions of workers of one nationality while others obtain good results could be ordered by the courts to pay a financial penalty. MOM will also take action if the company retaliates against employees who complain about discriminatory practices.

The Singapore National Employers’ Federation (SNEF) said the range of sanctions will be better than available today – where businesses mostly face restrictions on work pass privileges, which is a “brutal tool”.

FLEXIBILITY UNDER THE WORKPLACE EQUITY ACT

Companies with genuine business needs will be allowed to consider protected characteristics when making employment decisions.

Four circumstances are outlined in the legislation: for the reasonable performance of work, for health and safety reasons, for confidentiality reasons and for legal and regulatory reasons.

For example, an employer may take into account a candidate’s language proficiency if the job offer is for an interpreter.

A spa may also seek female employees to serve female clients.

Furthermore, employers who prefer to hire local workers can also continue to do so.

If the law is passed, employers will be legally required to advertise on MyCareersFuture – a job search portal for Singapore citizens and permanent residents – and fairly consider all local applicants before submitting job applications. work pass for foreigners.

The law will also support employers who choose to hire people with disabilities or older workers.

Small businesses with fewer than 25 employees will be exempt from the legislation, while religious organizations will be able to make employment decisions based on religion.