
Review of hiring process sought under Workplace Fairness bill
Job interviews should avoid bias against age, nationality, sex, religion and disability.
Employers in Singapore may need to revisit their hiring practices to comply with an impending law that mandates workplace fairness — from hiring and appraisal to training, promotion, and dismissal — and protects not just employees but also jobseekers, according to recruitment experts.
Andrew McNeilis, managing director for the Asia-Pacific region at global recruitment company Phaidon International, advised employers to examine their interview questions to ensure they do not come across as unfair or discriminatory.
“For example, if someone is newly married and you ask: ‘I’d love to hire you, but when are you going to have children?’ That’s the type of question that an individual, if they didn’t get the job, could say: ‘Ah, I was treated unfairly,’” he told Singapore Business Review.
Singapore’s Parliament approved on second reading the Workplace Fairness bill on 8 January 2025, barring companies from making “adverse employment decisions” based on age; nationality; sex, marital status, pregnancy status, and caregiving responsibilities; race, religion, and language; and disability and mental health conditions.
The bill still needs to be passed on third or final reading and will become a law once signed by the President.
Jonathan Yuen, a partner at law firm Rajah & Tann Singapore LLP, noted that at all levels of the hiring process, recruitment managers should ask themselves: “If I was applying for this job, would I agree to this question, requirement or restriction?”
“Would they object if this measure was applied to their loved ones? Only if it passes this commonsensical sense-check should it progress for further discussion,” he told Singapore Business Review.
Unprofessional practices are a key reason applicants withdraw from job interviews, McNeilis said, citing a Phaidon International study. He urged companies to audit their processes and train hiring teams to prevent fines of as much as $250,000 in civil lawsuits.
He noted that under the bill, expected to take effect sometime in 2026 or 2027, an employer’s responsibility starts when the job is offered, not when the employee joins..
“Organisations have got to do their benchmark and health check… making sure that anybody involved in the interview process understands what the act is trying to achieve, which is fairness at work,” McNeilis said.
Still no pay gap clause
While there have been debates over the bill’s coverage, with suggestions to expand the protection to platform workers, those with less visible disabilities, and the LGBT community, McNeilis said the scope now is “comprehensive.”
“The length and breadth of the characteristics are comprehensive. I mean, there are some things in there, like marital status that I thought was interesting,” he said. The provision on age protection safeguards both older employees and those who may be perceived as too young or lacking experience, he added.
Desmond Wee, a partner at Rajah & Tann, said the bill is a positive “first step” in institutionalising workplace fairness. But it does not tackle the longstanding pay gap that unfairly affects women and minorities, he pointed out.
“It would have been welcome if the bill had included provisions to require employers to have some level of pay reporting and/or other structures to mitigate pay discrepancy,” he said.
Still, the bill is a “well-needed proactive step to protect jobseekers and employees against discriminatory workplace conduct.”
The measure complements the Tripartite Guidelines on Fair Employment Practices, allowing enforcement through workshops, fines, and other penalties, Wee said.
Yuen said the bill also mandates employers to implement grievance-handling procedures and prohibits retaliation. With an emboldened workforce more willing to report discrimination, companies should establish clear frameworks and accessible grievance channels, he added.
“Complying with the requirements imposed by the bill will require whole-of-firm support to plug organisational gaps quickly and efficiently,” he said.