Despite Singapore’s reputation as a society that prides itself on meritocracy, reports of bias and discrimination in the workplace are a stark reminder that equal opportunity requires active effort – not just aspiration.
A study by the Ministry of Manpower (MOM) found that 6% of employees reported discrimination in the workplace in 2023, but that figure becomes significantly higher (up to 18%) for racial minorities.
Enter the Workplace Fairness Act (WFA), which marks one of the most significant employment law reforms in Singapore in over a decade. It codifies fair employment practices and strengthens recourse for employees facing workplace discrimination. It also outlines strict compliance requirements that are legally enforceable.
The WFA aims to reduce bias in hiring by establishing robust standards. – and it starts with thorough background screenings. Background screenings must be applied across different categories of hires, reducing allegations of unfair practice. This approach is crucial in ensuring that hiring is fair and equitable across diverse nationalities.
While the date for the WFA to become operational has yet to be determined, it is expected to become enforceable sometime in 2026 or 2027. This means organisations have a golden window of opportunity during the lead-in period for compliance preparation. Organisations must act as soon as possible to align organisational processes with the WFA and avoid unforeseen risks down the road.
Understanding the Workplace Fairness Act: Key changes and what they mean for employers
At RMI, we know that background screenings should always be based on roles and applied consistently across all hires. Background screenings should never be based on a candidate’s nationality or whether they originate from a ‘high-risk’ location or country. However, as MOM uncovered, this fair and equitable approach to hiring is not always applied in practice.
Currently, the main framework for ensuring fairness in the workplace is the Tripartite Guidelines on Fair Employment Practices (TGFEP), which is voluntary and outlines recommendations rather than compliance requirements.
The WFA, on the other hand, has legal enforceability, meaning that it requires employers to put in place certain measures that foster fairness, safety, and sensitivity across the organisation.
A key change in the WFA is that it requires mandatory grievance handling by organisations. In the event an employer is found in breach of the WFA, they could face financial sanctions or administrative penalties. Repeat offenders will even be listed publicly, causing significant reputational damage and recovery costs. This means that background screenings across all hires are more important than ever.
The WFA identifies 6 protected characteristics:
- Age
- Sex
- Race
- Religion
- Disability
- Marital status and family responsibilities
It is important to note that the WFA has a broader coverage across all stages of employment, including recruitment, performance reviews, promotions, and termination. This means that employers must ensure that all HR processes – from hiring to exits – are free from bias or discrimination against any of the above characteristics, and that all justifications for employment decisions are objective, documented, and job-related.
Further, as background screenings are the first step in the hiring process, reducing the risk of bias and discrimination must start there. Incorporating fair and equitable practice within these initial checks will safeguard your organisation and HR processes against possible WFA breaches.
Preparing for WFA: Auditing and updating your HR policies
Review job advertisements for discriminatory language
MOM found that 23.4% of job seekers experienced discrimination, most commonly in the age, nationality, and gender-related criteria. Unfortunately, discrimination is particularly common in people from countries deemed ‘high-risk’, suggesting that background screenings are disproportionally applied to people of certain nationalities, while others are overlooked
Check that your recruitment postings are free from direct or implied bias against any of the 6 protected characteristics. For example, phrases like “young and energetic” or “male candidates preferred” should be removed and replaced with structured job descriptions that are tied to competencies rather than personal traits.
The WFA does allow for some flexibility on this, however, if the required traits are essential for business needs. For example, stating “Mandarin-speaking preferred” for a role that requires Mandarin translation. An employer can consider a protected characteristic when making employment decisions if there is a genuine requirement related to:
- Reasonable performance of the job
- Health and safety reasons
- Privacy reasons
- Legal and regulatory reasons
Ensure fairness in interviews and candidate selection
During candidate interviews, prepare standardised questions and scoring rubrics to ensure fairness, and avoid personal questions related to family plans, religion, or health. Having a diverse panel of interviewers also helps to reduce unconscious bias. Be sure to maintain written justifications for all hiring decisions.
If your organisation is using AI in HR processes, it is critical to audit it for bias detecting and ensure fair recruitment language.
Establish a grievance handling process
One of the key requirements of the WFA is for organisations to establish a formal grievance handling process that is structured, fair, and confidential. Implement a clear timeline for response and resolution, including proper conducting of investigations and responding to the affected employee.
Most importantly, ensure that the identity of those who report workplace discrimination or harassment is protected, and prohibit retaliation in any form so employees feel safe to come forward.
Educate hiring managers and employees
Training and development play a pivotal role in fostering fairness in the workplace. Organisations should conduct regular trainings and spread awareness about unconscious bias, diversity, and inclusion. Organisations also need to communicate the company’s legal obligations under the WFA, inclusive of the background screening process.
Workplace fairness is an ongoing effort, not a one-off implementation. Workplace fairness starts with the same background screenings for everyone, setting the tone for equitable HR protocols and a cohesive team culture. The Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP) offers a wealth of resources, including e-learning modules and self-assessment frameworks, to help employers benchmark and strengthen organisational culture and equal access to opportunity.
Workplace fairness starts with strong leadership
Leaders set the tone for organisational culture, as visible commitment from the C-suite signals zero tolerance for discrimination and bias in the workplace. And when fairness KPIs are embedded from the background screening phase through to the performance review phase and beyond, fairness becomes part of the organisation’s DNA. Along the way, there must be clear communication about diversity and pay equity for all hires.
In summary, we know that the Workplace Fairness Act is not just about compliance. Rather, it is a call to lead with integrity, build trust, and create workplaces where every new hire and employee feels valued, respected, and empowered to thrive.