The Workplace Fairness Act has passed - what do I need to know?

1.      The WFL will come into effect in 2026/2027

There is still time to prepare but don’t wait too long.  The WFL has mandated employers to have written grievance handling policies that are communicated to all employees in writing.  Now is the time to make sure (i) you have a policy, and (ii) that policy is consistent with the requirements set out by the WFL.

TAFEP has issued a helpful guide on those requirements.  You can find it here.

2. The WFL prohibits discriminatory practices by employers

Put simply, the WFL prohibits employers from 3 types of discriminatory practices:

a. Making discriminatory employment decisions (e.g. Refusing to hire a suitably qualified older candidate because the employer was looking for someone younger with “more energy”);

b. Having policies or other instructions or direction that is discriminatory (e.g. Company policy that states pregnant women are excluded from a training program); and

c. Publishing discriminatory job advertisements (e.g. Advert that states female candidates are preferred for a sales position).

Further, retaliation against individuals seeking redress from discrimination is also prohibited.

3. The WFL does not apply in these circumstances

The WFL largely does not apply to smaller companies with fewer than 25 employees . It also does not apply to “Gig” workers (e.g. freelancers) or Foreigners. This does not mean there are no protections for workers in these categories, they can still rely on the Tripartite guidelines as before, but the additional protections under WFL will not be available to them.

The most important exception comes under the “Genuine Job Requirement” justification, where employers can defend against a claim of discrimination if their action is necessary because of the unique nature of the job (e.g. Advert for female candidates only for a role as a masseuse for a female spa; or Decision to not hire a pregnant candidate to clean high-access windows as it would endanger the health of the candidate).

4. The penalties can be severe

It is not only corporate employers who may face fines (up to SGD 250,000) for serious breaches of the WFL, individual company directors and officers may also be held personally liable.  For serious breaches (e.g. company officer refuses to follow a direction to correct the breach) a fine and/or a jail term of up to 6 months may be imposed. 

For less serious breaches a fine and/or a direction to correct the breach may be imposed.

Susanna Nickalls is the Director of WorkWell associates and principal trainer on the WFL.  Contact us for more information on the workshops we offer to prepare Hiring Managers and HR personnel on the latest developments.