FAQs on Singapore’s New Workplace Fairness Act

This article builds on, and adds to, our earlier article published in 2023 on Singapore’s New Workplace Discrimination Laws, when the Tripartite Committee on Workplace Fairness (Tripartite Committee) released their interim report with their suggestions on new legislation that can be put in place to protect workers from discrimination.

The Workplace Fairness Act 2025 (WFA), which adopts several of the recommendations made by the Tripartite Committee, was passed by the Singapore Parliament on 8 January 2025.

This article will cover the following topics:

• What is the Workplace Fairness Act (WFA)?
• To whom does the WFA apply?
• What are the key features of the WFA?
• What are the enforcement measures in place against employers that breach the WFA?
• Do affected employees/prospective employees have recourse to other legal avenues if the above measures are unsatisfactory?

What is the Workplace Fairness Act?

The general objective of the WFA is to improve protections against discriminatory behaviour in the workplace and to establish fair employment practices. The WFA also balances this with preserving workplace harmony and giving employers flexibility to meet genuine business needs.

Prior to the passing of the WFA, there were no binding laws or legislation tackling workplace discrimination/discriminatory employment practices in Singapore. However, there were the Tripartite Guidelines on Fair Employment Practices (Guidelines) published by the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP). The Guidelines set out what is considered fair and responsible employment practices, complete with examples of what employers should and should not do. Employers are expected to observe the Guidelines, and the Ministry of Manpower (MOM) can take action against errant employers who breach the Guidelines.

The Guidelines continue to apply notwithstanding the passing of the WFA, as the WFA was designed to complement the Guidelines as well as expand the scope and reach of protections against workplace discrimination.

To Whom Does the WFA Apply?

The WFA applies to employees as well as prospective employees, meaning individuals who have entered into or work under, or who will be entering into or working under, a contract of service with an employer. However, the WFA does not apply to the following individuals:

• Seafarers as defined in the Employment Act;
• Domestic workers as defined in the Employment Act; and
• Self-employed persons, such as those working under a contract for service (e.g. independent contractors or freelancers) or under a platform work agreement (e.g. private-hire drivers or delivery riders).

The WFA also does not apply to employers that employ fewer than 25 individuals, though this is something that will be reviewed again in 5 years.

What are the Key Features of the WFA?

The key features of the WFA are summarised below.

Protected characteristics

The WFA prohibits employers from discrimination against employees based on stipulated protected characteristics:

• Age
• Nationality – this refers to an individual’s citizenship of any country or status as a resident of any country.
• Sex – this refers to the sex assigned to an individual at birth or the sex to which an individual has been re-assigned (for individuals who have undergone a sex reassignment procedure). The protected characteristic of sex does not include the sexual orientation or gender identity of an individual (i.e. the gender that the individual identifies with).
• Marital Status – this refers to the fact that the individual is or is not married, has been divorced, is widowed, is separated from his/her spouse, and the number of times that he/she has married.
• Pregnancy – this refers to the fact that a woman who is or was pregnant, has said that she wants to bear children, is breastfeeding or has breastfed an infant, is absenting herself from work under a maternity leave provision, or has or had contracted an illness related to her pregnancy.
• Caregiving Responsibilities – this refers to an individual who has a responsibility to care for or support any family member (e.g. spouse, children, parents, siblings, grandparents or grandchildren).
• Race
• Religion
• Language Ability – this refers to an individual’s ability to read, speak, write or understand any language.
• Disability – this refers to the fact that the individual has autism, an intellectual disability, physical disability or sensory disability.
• Mental Health Conditions – this refers to the fact that an individual has been diagnosed with any mental disorder by a registered medical practitioner.

According to the MOM, these protected characteristics account for more than 95% of discrimination complaints received by TAFEP and the MOM. For workplace discrimination based on characteristics that are not included in the list of protected characteristics, such as an individual’s sexual orientation or gender identity, the fact that an individual has a criminal record/prior criminal convictions, or an individual’s medical conditions (other than mental health conditions), the WFA will not apply but the Guidelines will continue to cover such cases.

Defining discrimination

The WFA also expressly defines prohibited discriminatory acts in respect of the abovementioned protected characteristics. The three categories of prohibited discriminatory acts are:

• Discrimination against individuals – It is discrimination for employers to make employment decisions that adversely affect individuals based on a protected characteristic. Employment decisions include decisions to hire or not hire an individual, decisions during employment like appraising the performance of employees, promoting employees or providing them with training, and also decisions to dismiss or retrench, or terminate the contract of service of employees.

An important thing to note is that under the WFA, it is not discrimination for employers to make employment decisions based on a protected characteristic of a relative or an associate of an individual. For example, barring any exceptions that apply, it would be discrimination if an employer decides not to hire a woman on the basis that she is pregnant, as pregnancy is a protected characteristic. However, it would not be discrimination for the employer of the woman’s spouse to dismiss him on the basis that the woman (his spouse) is pregnant, as the protected characteristic applies to his relative and not to himself. That said, discrimination by association is still a form of workplace discrimination, and affected employees can seek advice/assistance from TAFEP.

• Discrimination by direction, instruction or policy – It is also discrimination for employers to issue, communicate or publish any discriminatory direction, instruction or policy, in writing. A direction, instruction or policy is discriminatory if it directs, instructs or influences someone to make employment decisions on behalf of the employer, based on a protected characteristic. An example of such a discriminatory policy, barring any exceptions that apply, would be where an employer circulates a memo within the company stating that employees who repeatedly take off-days or use their leave entitlements to fulfil caregiving responsibilities will be passed over for opportunities for training and upskilling.

• Discrimination by advertisement or description – Lastly, it is discrimination for employers to publish or cause to be published, in Singapore, advertisements or job descriptions relating to possible employment in Singapore that mention a protected characteristic as a condition, criterion, requirement, advantage, disadvantage or disqualification for employment. For example, a Singapore-based company posts a job listing on LinkedIn stating that only males between the ages of 20 and 25 can apply for the job. Another example is where an employer posts a job advertisement in the local newspapers, using words and/or phrases that indicate a preference based on a protected characteristic, that has no apparent connection with the job requirements (e.g. “Women preferred” or “looking for young workers”). Barring any exceptions that apply, these would constitute discrimination by advertisement or description.

Exceptions

Even if an act done by an employer comes within one or more of the three categories of prohibited discriminatory acts listed above, it would not be deemed discrimination if one or more of the following exceptions apply:

• Genuine requirement of job – It is not discrimination for employers to do an act otherwise prohibited (e.g. make employment decisions, issue, communicate or publish any direction, instruction or policy, or publish an advertisement or description) based on a protected characteristic, if the protected characteristic is a genuine requirement of the job. A protected characteristic would be a genuine requirement of a job if one of the following is satisfied:
  • Due to the nature of the job, it cannot be reasonably performed by an individual unless he/she has (or does not have) the protected characteristic. For example, a job as an audio production manager cannot be reasonably performed by someone with a hearing impairment. Hence, discrimination against the hearing-impaired individual would not be unlawful in relation to the nature of that job.
  • The job needs to be performed by an individual who has (or does not have) the protected characteristic to preserve the health or safety of the individual or any other individual. For example, a worksite employer considering which employee to transfer to a hands-on role at the worksite may be disinclined to transfer an employee who is currently pregnant, as the transferee would not only have to do physically demanding work at the worksite. There is even a risk that they may be exposed to chemicals that can lead to pregnancy-related complications.
  • The job needs to be performed by an individual who has (or does not have) the protected characteristic to preserve standards of privacy (whether reasonable or not) of the individual or any other individual. For example, a wellness establishment mainly serving female customers may require its therapists to be female, as their job is to carry out personal body massages and spa treatments for female customers, and this would help preserve the customers’ standards of privacy.
  • The job is legally required to be performed by an individual who has (or does not have) the protected characteristic. For example, an airline may require its pilots to be under the age of 65, as this is the regulatory age limit for airline pilots in Singapore. In such a situation, being under the age of 65 is a genuine and reasonable job requirement.

• Age – It is not discrimination for employers to decide not to hire an individual because he/she is younger than the prescribed age for the job. Advertisements, descriptions, directions, instructions and policies in relation to hiring are also permitted to discriminate on that same ground. For example, it is a legal requirement for cabin crew members to be at least 18 years of age. It would thus not be unlawful for airlines to advertise a minimum age of 18 years of age, or to hire an older individual in favour of someone who is under 18 years of age.

• Citizens and permanent residents – It is not discrimination for employers to favour individuals who are Singapore citizens or permanent residents. The rationale for this is to strengthen protections for Singaporeans and to ensure a fair playing field for Singaporeans against biased employment preferences for specific nationalities. Employers will also have the flexibility to strengthen their local workforce core. For example, employers can decide not to hire an individual because he/she is neither a Singapore citizen or permanent resident, can issue, communicate or publish any direction, instruction or policy not to hire individuals who are neither Singapore citizens or permanent residents, or advertise that being a Singapore citizen or permanent resident is an advantage for employment.

• Religious groups – It is not discrimination for religious groups to only employ or seek to employ individuals professing that religion, for any job connected with the affairs of the religion or the purpose of which is to perform any function relating to the establishment, maintenance, administration or operation of a place of worship, any institution for religious instruction or to manage the affairs of the religion. For example, a charity organisation affiliated with Buddhism can require that employees hired to disseminate religious teachings are themselves also Buddhists.

• Disability – It is not discrimination for employers to favour individuals with disabilities over those without disabilities. The rationale for this is to facilitate greater employment opportunities for individuals with disabilities, by allowing employers to favour such persons in their hiring decisions. For example, employers can decide not to hire an individual because he/she does not have a disability, can issue, communicate or publish any direction, instruction or policy not to hire individuals who do not have a disability, or advertise that having a disability is an advantage for employment.

Fair consideration

Employers who submit Employment Pass and S Pass applications on behalf of their foreign employees must satisfy the following requirements:

• They must have first published a job advertisement for the job, open to both foreign and non-foreign applicants. The job advertisement must state the salary range for the job.
• After receiving responses to the job advertisements, the employer must have considered, in good faith, and in a fair and objective manner, all responses.
• The foreigner in respect of whom the application is made must perform the job as advertised in the advertisement.
• The foreigner in respect of whom the application is made must be paid the advertised salary.

Grievance handling procedure

Employers must develop a proper grievance handling process, which must be put down in writing, and must also inform all their employees in writing of the process. The grievance handling process must include the following:

• Employers must inquire into and review each grievance raised by an employee.
• Employers must inform each employee who has raised a grievance, of the outcome of the review.
• Employers must keep, for a stated period, a written record of every inquiry and review, and must not disclose to any person the identity of any employee who has raised a grievance or any information in relation to any inquiry or review done.

Prohibition against retaliation

Employers must not take any retaliatory measures against individuals who have raised a grievance to the employer, brought proceedings against the employer or given evidence or information in connection with proceedings brought against the employer. Such protections also extend to individuals who are suspected to have done, or intend to do, any of the above. Retaliatory acts include:

• Dismissing the employee.
• Refusing to offer re-employment or employment assistance payment to the employee.
• Deducing the employee’s salary.
• Harassing the employee.
• Failing to fulfil any obligation in the contract of service with the employee (e.g. leave entitlement, allowance entitlement).
• Subjecting the employee to any other detriment.

What are the Enforcement Measures in Place Against Employers That Breach the WFA?

There are three types of penalties that may be imposed on employers that breach the WFA:

• For normal civil contraventions (e.g. the first instance of committing an act of discrimination against an individual by making a hiring decision based on a protected characteristic, or publishing a discriminatory advertisement), administrative financial penalties may be imposed by way of a contravention notice issued to errant employers. The amount of the financial penalties imposed would depend on the number and severity of the contraventions.

• Directions may be issued to employers in lieu of or in addition to the administrative financial penalties. The aim of such directions is to bring the civil contravention to an end, or for the employers to mitigate the effects of the civil contravention and prevent the recurrence of such contravention. For example, directions may be issued for employers to take down the offending job advertisement, or to take down the offending policy or directive, and communicate this to the employees. It is a further offence for employers to fail to comply with the directions given.

• For serious civil contraventions (e.g. recommitting a normal civil contravention for a second or subsequent time whether or not against the same employee, or retaliating against an employee by dismissing the employee or refusing to offer re-employment to the employee), the Commissioner for Workplace Fairness may even bring action in court to seek an order for a civil penalty. The civil penalties range from fines of between $50,000 to $250,000 if the employer is a company, or between $10,000 and $50,000 if the employer is an individual.

What Modes of Recourse Do Employees Have?

The WFA itself does not prescribe the modes of recourse that employees have against workplace discrimination, other than requiring employers to have in place a proper grievance handling process. Victims of workplace discrimination can continue filing complaints with the relevant authorities, as this is not precluded by the WFA. Victims can also choose to file a complaint with one of three authorities: Tripartite Alliance for Dispute Management (TADM), TAFEP or the MOM. These organisations can investigate the complaint and take appropriate action.

Affected employees can seek recourse in the following sequence:

1. As a first step, affected employees should try to resolve their disputes through their firms’ grievance handling process.
2. If their dispute remains unresolved, as a second step, affected employees can file a complaint with TAFEP. They can do so by completing an online form with their name and contact details, NRIC number, and details of the incident(s) of discrimination or harassment. TAFEP may then contact the affected employees for further information about their case depending on the information provided and will follow up directly with their employer to pursue the case. TAFEP is also empowered to report discriminatory practices that do not adhere to the Guidelines to MOM for further investigations. Concurrently, affected employees can file a complaint with MOM. MOM offers a 24-hour online service that allows affected employees to report employment infringements. Employment infringements refer to violations of the Employment Act, and cover areas like an employee’s salary, leave entitlements, public holidays entitlements, or working hours and rest days. Hence, if affected employees are affected by incidents of discrimination that coincide with one of the above areas (e.g. if their salary is deducted without a valid reason or they are denied your rest days’ entitlement solely on the basis of a protected characteristic), this may constitute a potential employment infringement. After the affected employees file their complaint with MOM, they will be contacted by a MOM officer to verify their report and advise on the next steps. MOM can take certain actions against the offending employer, including revoking work pass privileges of employers who are found to have engaged in discriminatory practices. This can prevent the employer from hiring foreign workers in the future.
3. If the dispute still remains unresolved, as a third step, TADM can assist in the resolution of the affected employees’ complaint either by arranging for a mediation session with the assistance of a TADM mediator, or by providing advisory services to them on how to move forward with their complaint.
4. As a final step, if the dispute cannot be resolved by mediation, affected employees can then file a civil claim against their employer. Such claims will typically be heard in the Employment Claims Tribunal (ECT). Do note that mediation at TADM is compulsory before claims can be filed at the ECT. The ECT currently hears employment claims, such as for wrongful dismissals, non-payment of salary, unauthorised salary deductions, non-payment of maternity benefits etc. MOM reported that, between 2020 and 2024, an average of around 120 salary claims were filed with the ECT annually. However, given the time and costs involved in pursuing a civil claim, litigation is often a measure of last resort and in Singapore, employer-employee disputes are usually encouraged to be resolved as amicably as possible.

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In conclusion, the WFA complements Singapore’s existing framework for dealing with workplace discrimination. It more clearly defines protected characteristics and sets out what constitutes discrimination in the workplace. Whether you are an employee or an employer, you may wish to consult an employment lawyer for further advice or guidance on the WFA and how it might apply to you.

If you are an employee, and you feel that you have been unfairly discriminated against, an employment lawyer will be able to provide you with advice on the next steps to take to obtain an outcome that is most optimal for you. A lawyer would be able to consider your circumstances, assess the merits of your claim, advise on your rights and discuss the available modes of recourse that you have.

If you are an employer, the lawyer will be able to advise you on what steps you should take in order to ensure that you are prepared for when the proposed laws are passed and enacted. You may also consult the lawyer for advice if you have been accused of engaging in discriminatory practices, or are faced with a potential discrimination claim from an employee/prospective employee under the WFA, and wish to know what your rights and obligations are in such a scenario. The lawyer would also be able to assess the merits of the potential claim against you, and advise you on the best course of action to take.