Fighting discrimination and fostering diversity in the workplace

Workplace discrimination poses a challenge to the principles of fairness, diversity, and equality. It affects people by undermining their right to fair treatment in employment. Singapore's evolving labour landscape ensures enhancing fair employment practices and non-discrimination. 

In this article, we define discrimination in the workplace and describe its different types. We also discuss anti-discrimination laws and how to end discrimination for workplace harmony. We'll cover the following in this guide: 

• What is workplace discrimination? 
• Types of discrimination 
• How to prevent and address workplace discrimination 
• Laws and regulations 
• What to do if you feel you're being discriminated 
• How to create a diverse workplace culture 
• Conclusion 
• FAQs 

What is workplace discrimination? 

Discrimination in the workplace occurs when an individual or group is subject to unfair treatment. According to the Tripartite Guidelines on Fair Employment Practices, employers will not discriminate against candidates based on the following: 

• age 
• gender 
• race  
• religion 
• language 
• nationality 
• marital status and family responsibilities 

Workplace discrimination can occur among co-workers and between employees and their employers. For instance, a company may have unfair practices like the prohibition against flexible schedules. This can affect people with caregiving responsibilities.  

Types of discrimination 

Discriminating against an individual or a group based on a protected characteristic is unlawful. The recommended protected characteristics include: 

• nationality 
• age 
• gender 
• marital status, pregnancy status, and caregiving responsibilities   
• race, religion, and language 
• disability and mental health conditions  

Types of discriminatory practices include:  

Direct discrimination 

Direct discrimination occurs when an employer treats an employee in a different way than other employees. This is often based on a protected characteristic. An example is stating that someone must be male to apply for a driver's position. There may be cases where an employer can include a job vacancy that isn't discriminatory. For instance, there are physical ability requirements to join the Singapore Civil Defence Force (SCDF). This requires participants to undergo a certain level of physical fitness for strenuous exercises. Scenarios like this don't fall under discrimination.  

Indirect discrimination 

Indirect discrimination exists when a company policy treats individuals or groups unequally. An example of this is a company that only accepts "clean-shaven" jobseekers. This could negatively impact people with specific religious beliefs.  

Systemic discrimination 

Systemic or institutionalised discrimination refers to a company favouring one group of people over another. This type of discrimination is hard to identify and address. It may happen as part of the normal functioning of a system. Systemic discrimination results in unconscious biases. An example is people ​being ​treated differently based on their race. 

Harassment 

Workplace harassment concerns a person or group feeling threatened by another. It often creates a negative work environment when colleagues aren't considerate. An example is making fun of a co-worker because of race or religion. Another example is an employee making fun of their colleague's mental health conditions.  

How to prevent and address workplace discrimination 

It's important to have progressive employment practices to counter workplace discrimination. This helps include reasonable accommodations for employees to ensure workplace harmony. You become more productive when you're in a healthy work environment. Employers need to ensure a positive workplace culture to prevent discriminatory practices. 

Here are some ways to address workplace discrimination: 

Training programmes on diversity and inclusion 

An employee may feel isolated and vulnerable if their background differs from the majority. The majority may feel threatened by those they view as "different." Employers can conduct training programmes to prevent this kind of unequal environment. 

Reporting mechanisms 

Many victims of unlawful workplace discrimination are too afraid to come forward. Employers should encourage employees to report any form of perceived discrimination. Having anonymous reporting methods or online tools can help encourage people to report discrimination. 

Methods to investigate and address workplace discrimination complaints 

Companies need to make it clear to the workforce that they have an anti-discrimination policy in place. This policy should include steps for employees to report complaints. It should also detail how the company conducts investigations and addresses situations. 

Policies and procedures to deal with discrimination and retaliation 

Employees should know what to do if they experience or witness workplace discrimination. They can contact HR representatives and use internal channels to report discrimination. They should know Singapore's Employment Act, their organisation's policies, and the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP). They should also familiarise themselves with the Workplace Fairness Legislation (WFL). The WFL implements fair recruitment practices at all stages of employment, including ​​pre-employment​​. This can help protect employees from unlawful discrimination. 

The Workplace Fairness Legislation works in tandem with tripartite guidelines on fair employment. It requires employers to resolve grievances and take the right enforcement action for fair outcomes. 

Laws and regulations 

 It's unlawful in Singapore to discriminate based on protected categories. Employers must give fair treatment to all employees and job seekers who apply for a job with them. Here are some important workplace discrimination laws you need to know: 

The Employment Act 

The Employment Act is Singapore's main labour law that outlines working conditions and terms for employees. This major legislation oversees employer-employee relations. It also covers employees working in Singapore under a contract of service with an employer. This includes both local and foreign employees. The law covers employees who work on full-time, part-time, temporary, and contract terms. 

The Singaporean government also has an initiative called the Fair Consideration Framework (FCF). It's a set of guidelines for filling professional, managerial, executive, and technical (PMET) roles. FCF ensures the following: 

• creation of a national jobs advertising platform called MyCareersFuture 
• new jobs listing requirements that affected Work Pass applications 

This helps avoid discriminatory job advertisements and ensures fairness to local job seekers. It also helps meet the changing labour landscape demands, especially considering young workers. 

Child Development Co-Savings Act 

The Child Development Co-Savings Act states various leave, benefits, and eligibility criteria for working parents. The leaves include: 

• government-paid maternity leave 
• paternity leave 
• adoption leave 
• childcare leave 
• extended childcare leave 

It indirectly supports gender equality in the workplace. It also ensures a more equitable and family-friendly work environment.  

Central Provident Fund Act 

The Central Provident Fund Act is Singapore's social security scheme. It covers retirement, health care, and home ownership. This act doesn't address workplace discrimination but ensures ​employees receive the same statutory benefits and​​​ supports their retirement savings. This promotes equality and reduces the potential for age-related discriminatory practices. 

What to do if you feel you're being discriminated 

Here are some tips on what to do if there's unlawful discrimination in your workplace: 

• Seek guidance. The company should have a workplace discrimination policy in place. This policy must aim to protect employees. The company should guide you on the steps to take if you feel discriminated against. It must also offer guidance if you witness discrimination against another employee. 
• Know who to go to. Company management usually handles employee complaints and concerns. It's important to know to whom to refer your complaints. You can also ask for help from your superior or human resources. 
• Document the issue. Documentation is essential when filing complaints. You can provide a statement or ask for statements from witnesses. 

How to create a diverse workplace culture 

A diverse workforce means people of different backgrounds, religions, races, genders, disabilities, and levels of professional experience working together. Employers should look for diverse job applicants with unique skill sets and knowledge. This contributes to the company's growth and helps promote fair employment practices. 

Here are some of the benefits of building a diverse workforce: 

• Promoting varied perspectives: It can provide different perspectives on products or services. 
• Supporting innovations: It can offer diverse ideas, ensuring innovation and creation. This could also encourage progressive employment practices. 
• Increasing team and individual productivity: It provides fresh experiences and approaches. This can result in improved productivity and more effective problem-solving. 

Here's a list of strategies to create an inclusive and diverse work environment: 

• Get leadership commitment. Commitment from managers and leaders is important to promote diversity and inclusivity. It also helps uphold a positive employment relationship while maintaining workplace harmony. 
• Implement diversity training programs. Education and information raise awareness of unconscious biases in the workplace and help report workplace discrimination.  
• Adopt inclusive hiring practices. The employer should spearhead inclusive recruitment processes to attract diverse job applicants. One step toward this is avoiding biased descriptions in job listings. 
• Promote inclusive policies. Now is the perfect time for companies to adopt inclusive policies and regulations. If your human resources team already has a policy, review it and the company's practices. Doing so will confirm that the company is inclusive and fair in treating job seekers and employees.  

Conclusion 

Discrimination in the workplace has far-reaching consequences that extend beyond its immediate victims. It kills creativity, restrains innovation, and undermines the fundamental principles of equality. Some agencies protect employees from unlawful discrimination in the workplace. Fair employment practices ensure companies have employment laws whilst encouraging fair treatment of employees. 

Inclusive and diverse workplaces attract job seekers and enhance employee engagement and productivity. Victims of workplace discrimination should learn to speak up and know their rights. Employees should understand how they can help prevent discrimination and foster diversity. 

FAQs 

Here's a list of FAQs about discrimination in the workplace: 

1. What is a protected class? 
   ⁠A protected class is a group of people legally protected from harm caused by laws and policies that discriminate based on a shared characteristic. Protected categories include age, race, disability, sex, marital status, pregnancy status, and more. 
2. What are the different types of discrimination in the workplace? 
   ⁠Types of workplace discrimination include: 
   ⁠
   ⁠racial discrimination 
   ⁠disability discrimination 
   ⁠religious discrimination 
   ⁠age discrimination 
   ⁠pregnancy discrimination 
   ⁠gender discrimination 
   ⁠
3. How can I recognise workplace discrimination? 
   ⁠Here are several signs of discrimination in the workplace: 
   ⁠
   ⁠Your superior holds you to different standards than others. 
   ⁠You've heard offensive comments about your sex, age, religion, race, etc. 
   ⁠You feel left out of social gatherings, events, or meetings. 
   ⁠You're getting paid less than others with similar positions. 
   ⁠Your superior bypasses you for promotions or training opportunities. 
   ⁠
4. What evidence should I gather if I'm a victim of employment discrimination? 
   ⁠You don't need documents to prove that you're a victim of discrimination in the workplace. Make a record of your experience and include the following information: 

• the date and time (include how many times the discrimination occurred) 
• ⁠the names of anyone involved 
• ⁠a description of how the discrimination affected you, like emotional impact 
• ⁠the names of witnesses to back up your complaint