First Workplace Fairness Bill introduced in Singapore to protect employees against discrimination

At a glance

• Singapore introduced the first phase of its workplace fairness legislation (WFL) via the Workplace Fairness Bill (First Bill) on 12 November 2024, with full implementation expected by 2027.
• It initially applies to employers with 25 or more employees, with a review in five years for smaller businesses.
• The WFL protects against discrimination based on protected characteristics, which are: age, nationality, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language ability, disability, and mental health condition.
• It prohibits discriminatory policies and job advertisements.
• The WFL allows exceptions for genuine job requirements, age, citizenship and permanent residency status, religious groups, and non-discrimination for not hiring individuals without disabilities.
• Employers are also required to comply with fair employment practices, which include complying with job advertisement requirements under the Fair Consideration Framework, implementing grievance handling processes and refraining from retaliatory acts against employees.  
• The legislation categorises offences into civil contraventions and serious civil contraventions based on severity, with penalties up to SGD250,000. 

On 12 November 2024, Singapore introduced the first phase of its WFL via the First Bill, marking a significant step in statutory governance of workplace discrimination. This phase outlines principles for worker protection, mechanisms for addressing breaches, and the dispute resolution process. The second workplace fairness bill is expected to be introduced in 2025, and will cover claims procedures and other technical details, with both phases likely taking effect by 2027.

The WFL applies to employers with 25 or more employees. This threshold will be reviewed in five years to potentially include smaller businesses, allowing them time to establish compliant internal policies.

The legislation protects against discrimination based on age, nationality, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language ability, disability, and mental health conditions. Notably, 'sex' refers to the sex assigned at birth or reassigned after a sex reassignment procedure but does not include sexual orientation or gender identity. Discrimination is defined as 'making adverse employment decisions based on protected characteristics'. This includes actions during recruitment, employment, and termination stages. Employers can be deemed discriminatory even if they suspect or assume an individual has a protected characteristic.

Notably, the WFL prohibits:

• issuing or communicating discriminatory policies;
• publishing job advertisements that imply a preference for certain protected characteristics; and
• applying for work passes without fair consideration of all candidates and offering salaries within the advertised range.

Certain exceptions allow for lawful employment decisions based on protected characteristics, such as:

• Essential characteristics for job performance (eg, female masseuses for privacy in a spa).
• Specifying age requirements for certain roles.
• Preferences for Singapore citizens or permanent residents.
• Religious organisations can restrict employment to their members.
• Choosing not to hire individuals without disabilities is not considered discriminatory.

The legislation also protects employees from retaliatory actions if they report discrimination. Prohibited retaliatory actions include wrongful dismissal, unfair salary reductions, creating a hostile work environment, and other forms of disadvantage.

Employers must implement a clear grievance-handling process, including:

• conducting thorough inquiries into grievances;
• communicating outcomes in writing;
• keeping written records of inquiries; and
• ensuring confidentiality of grievance-related information.

This legislation empowers employees and holds employers accountable for serious breaches, enhancing protections against workplace discrimination in Singapore.

Penalties

The legislation categorises offences into civil contraventions and serious civil contraventions based on severity:

• Acts of discrimination (eg advertising a preference for male candidates) or failing to establish written grievance-handling processes may result in civil penalties. Employers may receive a contravention notice requiring payment of an administrative penalty or face remedial action by the Ministry of Manpower, such as removing discriminatory advertisements.
• Repeated violations and retaliatory actions can escalate to serious civil contraventions. With the public prosecutor’s consent, the Commissioner can bring the matter to court. Penalties can reach up to SGD50,000 for a first serious breach and SGD250,000 for subsequent breaches. Both the body corporate and officers of the body corporate can be jointly liable.

For further details, please click here. For any enquiries on what these updates mean for your business, please contact David Smail.