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

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

Complaints that are not part of protected characteristics will remain covered by the Tripartite Fair Employment Practices Guidelines.

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

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

While the focus is on educating employers and maintaining a harmonious workplace, the legislation will allow for a number of actions to be taken against errant individuals or companies. These include corrective orders to address stereotypes and shape mindsets, administrative financial penalties and state-led legal actions for the most serious violations.

The report of the Tripartite Committee on Equity in the Workplace highlighted several examples of violations. A firm that posts a job advertisement that indicates a preference for women because of the belief that women perform better in sales roles can be issued a correction order for its first violation.

At the other end of the spectrum, a company that favors employees of one nationality for promotion despite others performing well 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 would be better than what is available today – where companies mostly face restrictions on work permit privileges, which is a “blunt tool”.

FLEXIBILITY IN EMPLOYMENT EQUITY LAW

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

Four circumstances are described in the legislation – for the reasonable performance of the job, for health and safety reasons, for privacy reasons and for legal and regulatory reasons.

For example, an employer may consider an applicant’s language fluency if the position is for an interpreter.

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

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

If passed, employers will be legally required to advertise on MyCareersFuture – a job search portal for Singapore citizens and permanent residents – and give fair consideration to all local applicants before to submit applications for work permits for foreigners.

The law will also support employers who choose to hire disabled or older workers.

Smaller firms with fewer than 25 employees will be exempt from the legislation, while religious organizations can make hiring decisions based on religion.