What will the new Workplace Fairness Bill mean for women in the workplace?

Last November, the Singapore government introduced the Workplace Fairness Bill, aimed at addressing discriminatory practices in hiring, appraisals, and dismissals. It targets unfair practices by prohibiting employers from basing hiring decisions on factors such as nationality, race, gender, pregnancy, disabilities, or mental health. According to The Straits Times, these issues represent 95 per cent of workplace discrimination complaints submitted to the Ministry of Manpower (MOM) and the Tripartite Alliance for Fair and Progressive Employment Practices. If passed by 2026 or 2027, the bill will introduce merit-based hiring practices and create a safer environment for employees to report discrimination without fear of retaliation.

Addressing gender biases

In 2023, The World Bank Group’s Gender Data Portal reported that 61.6 per cent of females in Singapore participated in the labour force. This context is crucial when considering a 2024 report by global recruitment agency Michael Page, which highlights that women place greater emphasis on gender-specific concerns in the workplace. This underscores the challenges that many women continue to face, including pay disparity, the motherhood penalty, microaggressions, and harassment.

Sabrina Ho, founder and CEO of Half The Sky, which connects women with employers who prioritise equality, reveals that gender discrimination disproportionately affects mothers, pregnant women, individuals re-entering the workforce, and young women. Sabrina explains that pregnant women are often excluded from long-term projects or strategic discussions due to assumptions about their availability. “Women are sometimes overlooked for promotions or challenging projects because of assumptions about their ability to balance work and family life,” she discloses.

Kaylee Kua, executive director of Daughters Of Tomorrow, a Singapore-based organisation empowering underprivileged women, shares a similar view. “Most of our clients are women trying to reenter the workforce or single mothers seeking jobs that offer flexibility. They often find themselves at a disadvantage,” she explains. “The responsibility doesn’t fall solely on the employer, but they must play their part in breaking the mindset that hiring single mothers is ‘a hassle’.”

Sugidha Nithiananthan, AWARE’s director of advocacy and research, highlights that maternity discrimination is the most prevalent form of discrimination reported to their Workplace Harassment and Discrimination Advisory (WHDA) service, accounting for 85.1 percent of all discrimination cases they encountered. WHDA, a service offered by AWARE, supports individuals facing workplace harassment and discrimination. In addition to maternity-related issues, the service also addresses challenges faced by women re-entering the workforce and cases of general workplace harassment. “Many women who take career breaks for caregiving find themselves shut out upon their return, often due to unfounded assumptions about their skills being ‘outdated,’” Sugidha explains. “Harassment is another significant concern, with nearly half of the cases reported to WHDA involving some form of harassment—both sexual and non-sexual—along with bullying. The majority of these cases were reported by women,” she adds.

Creating an inclusive workplace

Despite these ongoing challenges, the workplace can still be a place of growth and opportunity. The recent Best Workplaces in Singapore 2024 Awards have unveiled the top five employers – DHL Express, Micron Technology, Hilton, Hewlett-Packard (HP), and InterContinental Hotels Group (IHG) Hotels & Resorts – that are leading the way in creating inclusive environments here, including for women. Talleah Teo, people director at HP Singapore & Malaysia, emphasises that workplace fairness is crucial not only for doing the right thing but for driving innovation and business success. “Women bring diverse perspectives, skills, and leadership qualities that are essential for solving complex challenges and fuelling growth,” she shares. “By creating an environment where women are treated equitably, valued, and supported, we unlock their full potential and strengthen our organisation.”

HP has implemented several practices to ensure fairness in the workplace, including a Zero Tolerance Policy for harassment, mandatory antiharassment training, and a sponsorship programme called Catalyst@HP. This programme pairs women and underrepresented groups with senior-level executives committed to increasing representation in technical and leadership roles. HP also runs a Women in Leadership Lab, a six-month leadership programme aimed at developing emerging female leaders across the Greater Asia market.

Enhancing protection against discrimination

This is not to say no progress has been made throughout the years. Over the last decade, significant improvements have been seen in areas like pay transparency, leadership opportunities, and protections against harassment. Many countries, including Singapore, have enhanced maternity leave policies, flexible work arrangements, and strengthened anti-harassment regulations. According to a 2023 report by global CPA firm, Grant Thornton, the percentage of women in senior leadership roles has increased from 21 per cent in 2013 to 32 per cent in 2023, with women now holding about 30 per cent of board seats in large corporations.

Will the Workplace Fairness Bill push the needle further? All four women agree that the Bill represents an important step forward in enhancing protections against discrimination. Kaylee hopes the Bill will open doors for women struggling with discrimination and financial instability. “Addressing discrimination based on gender, age, caregiving roles, and disabilities will give people the confidence to focus on career development or gaining new skills, knowing they will be judged on their abilities.”

“By making discriminatory practices unlawful and introducing punitive measures for breaches, the Bill reinforces the importance of fair and merit-based hiring and appraisals,” Sabrina comments. She highlights key aspects such as strengthened protections, cultural shifts, and a greater impact on women. “Clearer processes for addressing grievances will empower employees to report issues without fear of retaliation. The focus on education ensures that inclusivity becomes the norm rather than the exception. Additionally, the emphasis on characteristics like pregnancy status and caregiving responsibilities is particularly promising for working mothers and those re-entering the workforce,” she elaborates.

As for Talleah, she is optimistic that the Bill will encourage companies to adopt more transparent, merit-based policies for hiring, promotions, and appraisals. “The Bill sends a clear message that discrimination – whether based on gender, age, or caregiving responsibilities – has no place in the workplace,” she adds.

While the Bill seems promising in its intent, questions remain about its true impact and whether it addresses the full complexities of workplace fairness. Does the Bill truly tackle all the nuances, or are there critical gaps that could limit its success?

All too perfect?

Though Sugidha is aligned with the rest on the need for reform, she points out that the Bill still has gaps that could undermine its effectiveness. “One of our main concerns is that employers aren’t legally obliged to actively address harassment in the workplace, beyond simply having policies to manage grievances related to discrimination or harassment,” she explains. “While there are plans to enhance non-legislative guidelines for companies, without consequences for employers, such guidelines can only have a limited impact,” she states.

The Bill’s path forward may not be without its hurdles, but the foundation for positive change is already in place. With continued commitment to improvement, the Bill has the potential to create a workplace environment that is more equitable and more just for women in the future.