With the Ministry of Manpower’s acceptance of the Tripartite Committee’s recommendations for the Workplace Fairness Legislation (WFL), we are now a step closer towards providing greater protection to workers.

Key inclusions in the Committee report are:

• Introduction of an explicit definition for discrimination
• Expansion of protected characteristics to cover mental health and caregiving responsibilities
• Expansion of the definition of pregnancy to include breastfeeding mothers and those who desire to have children
• Protection throughout the employment cycle, from recruitment till the point of departure
• Imposition of penalties for errant employers

We appreciate the consultation process by the Committee, which included sessions with NGOs. We note that some of our feedback has been incorporated, such as the need for reasonable accommodations for persons with disabilities (PwDs).

While it’s encouraging to see the progress thus far, the journey towards full legal protection continues. The current provisions of the WFL cover 95% of cases, with the protected characteristics prominently leaving out sexual orientation, gender identity and expression (SOGIE). Furthermore, companies with fewer than 25 employees will be exempted from the legislation.

Other areas of concern remain:

• Statutory Rights for PwDs: While the Tripartite Advisory for reasonable accommodations is a step in the right direction, they will not be legally enforceable.
• Indirect Discrimination: The current definition of discrimination excludes this form of discrimination, which could present a loophole that might be exploited.
• Absence of Harassment: The current framework does not legally require employers to prevent harassment in the workplace.

As the recommendations move toward becoming law, we hope these key concerns can be revisited and addressed.

We will continue advocating for robust protections for all workers. If you’ve faced any form of discrimination or harassment at work, our Workplace Harassment and Discrimination Advisory is here to help. AWARE’s corporate training arm, Catalyse Consulting, will also be stepping up its support for companies to meet the WFL’s requirements and build a truly inclusive workplace.