Workplace anti-discrimination laws welcome, but changing ’embedded’ mindsets critical, say observers

Last year, AWARE’s Workplace Harassment and Discrimination Advisory saw 67 clients who experienced discrimination.

The women’s rights organisation said in a statement on Facebook that it welcomes the anti-discrimination legislation.

“We’re glad for this much-needed action, which AWARE has previously called for,” it said.

But it also posted some questions, such as what the enforcement powers of the new tribunal will be and what penalties will be meted out to errant employers.

“Workplace discrimination is often carried out subtly, which makes it hard for those affected to argue their case,” said AWARE. 

“We hope the legislation will provide clear illustrations of different types of discriminatory behaviour and assure victims that they will receive adequate protection from retaliation from perpetrators.”

LAWS ARE NOT ENOUGH

Mr Johnson Paul, CEO of the Singapore Indian Chamber of Commerce and Industry, said that racial discrimination in corporate settings is on the rise. 

“Concerns about the CECA and Delta variant are raising suspicions, and this could exacerbate the fragile situation,” he said, referring to the Comprehensive Economic Cooperation Agreement between India and Singapore.

But he pointed out that education and advocacy are more important than “damage control”.

“The law and tribunal are really for resolving disputes, not to address a more deep-seated bias … It is possible to enact clear rules, but they can also be circumvented and misinterpreted.”

Mr Abhimanyau Pal, CEO of SPD, a charity serving people with disabilities in Singapore, said that enshrining into law the current workplace anti-discrimination guidelines is one of the Government’s strongest measures in recent years to protect marginalised workers against discrimination.  

It could mean better treatment for those with disabilities at workplaces as employers must abide by fair and merit-based employment practices. But he also felt that the law alone may be inadequate in ensuring inclusive and fair hiring. 

“In times of job insecurity, such laws could offer persons with disabilities protection from workplace discrimination and unfair dismissal.”

But this could also be a double-edged sword, said Mr Pal, as some companies may choose not to hire certain job applicants to avoid any run-ins with the law.

WHAT CAN LEGISLATION ACHIEVE?

That legislation may make some employers even more cautious about hiring certain demographics is a possibility, said Ms Linda Teo, country manager of ManpowerGroup Singapore.

“For the legislation to be effective, it has to go hand-in-hand with the current education to change mindset and attitudes towards inclusive work practices,” she said.

But laws will provide a clearer framework on what is considered discriminatory, she pointed out. Both employers and workers will also better understand their respective responsibilities and rights, and what they need to do to be equitable and accountable.

“It will also provide affected parties with a legal basis to seek recourse should the situation call for it.”