Anti-Discrimination Policy (Singapore)

An Anti-Discrimination Policy in Singapore documents the organisation's approach and the obligations placed on those it covers.

The Tripartite Guidelines on Fair Employment Practices (TGFEP) — which the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) administers and enforces — set out five key principles: recruit and select employees on the basis of merit; treat employees fairly and with respect; provide equal opportunity for training and development; reward employees fairly based on performance; and comply with labour laws. TAFEP investigates complaints of workplace discrimination and can refer substantiated cases to MOM for enforcement action, including curtailment of an employer's work pass privileges — a significant sanction for companies that rely on foreign employees holding Employment Passes (EP), S Passes, or Work Permits.

The Workplace Fairness Legislation (WFL), passed by Singapore Parliament in January 2025 and expected to take effect in 2026-2027, will introduce statutory prohibitions against discrimination on the basis of nationality, age, sex, marital status, pregnancy, caregiving responsibilities, race, religion, language, disability, and mental health conditions. Under the WFL, employees will be able to file claims with the Employment Claims Tribunals (ECT) for discriminatory dismissal and adverse employment actions. The WFL represents a significant shift from Singapore's longstanding reliance on tripartite guidelines to enforceable legislation — making a documented Anti-Discrimination Policy even more critical for employer compliance readiness.

The Anti-Discrimination Policy differs from an Employment Contract in Singapore, which establishes individual terms and conditions of employment. The policy operates as a company-wide governance document that applies uniformly to all employees, applicants, and workplace participants — including contractors, interns, and secondees. The policy also differs from a Code of Conduct, which addresses broader behavioural standards; the Anti-Discrimination Policy focuses specifically on prohibited grounds of discrimination and the procedures for reporting, investigating, and remedying discriminatory conduct.

The Constitution of the Republic of Singapore, Article 12, guarantees equality before the law and prohibits discrimination on grounds of religion, race, descent, or place of birth. While Article 12 applies primarily to state action rather than private employment relationships, Singapore courts — including the High Court and the Court of Appeal — have referenced constitutional equality principles when interpreting employment disputes involving allegations of discrimination. The Presidential Council for Minority Rights (PCMR), established under Article 69 of the Constitution, reviews legislation for discriminatory provisions, reinforcing Singapore's institutional commitment to non-discrimination.

Singapore employers operating in sectors regulated by the Monetary Authority of Singapore (MAS), the Infocomm Media Development Authority (IMDA), and the Ministry of Health (MOH) face additional sector-specific non-discrimination expectations. MOM has issued targeted guidance for financial services, healthcare, and technology employers on fair hiring practices for senior roles, requiring documented justification for hiring decisions that favour non-residents over qualified Singapore citizens and permanent residents.

An Anti-Discrimination Policy in Singapore is needed whenever an employer seeks to formalise compliance with the Tripartite Guidelines on Fair Employment Practices (TGFEP) and prepare for the incoming Workplace Fairness Legislation (WFL) expected to take effect in 2026-2027.

When a company applies for or renews Employment Passes (EP), S Passes, or Work Permits through MOM's work pass system, TAFEP compliance is a prerequisite. MOM reviews employer track records on fair employment practices before processing work pass applications, and companies with substantiated discrimination complaints may have their work pass privileges curtailed — including rejection of new EP applications and non-renewal of existing passes. An employer with a documented Anti-Discrimination Policy demonstrates proactive compliance with TGFEP principles and reduces the risk of work pass sanctions.

When an employer conducts recruitment and selection activities — including posting job advertisements on the MyCareersFuture portal, engaging recruitment agencies, or conducting interviews — the Anti-Discrimination Policy provides the framework for merit-based hiring. TAFEP guidelines prohibit discriminatory job advertisements that specify preferred age, race, gender, religion, or nationality without a genuine occupational qualification. Job advertisements that violate TGFEP principles can result in TAFEP investigation and MOM enforcement action.

When an employer manages a diverse workforce comprising Singapore citizens, permanent residents, and foreign employees from multiple nationalities — a common composition in Singapore's open labour market — the Anti-Discrimination Policy sets expectations for respectful workplace interactions and prohibits harassment, bullying, and discriminatory conduct. The Penal Code (Cap. 224), Sections 298 and 298A, criminalise acts intended to promote enmity between different groups on grounds of race or religion, and workplace incidents that escalate beyond internal policy may attract criminal prosecution.

When an employee lodges a discrimination complaint with TAFEP, MOM, or the Employment Claims Tribunals (ECT), the employer's documented Anti-Discrimination Policy — including its complaints procedure, investigation process, and remedial actions — serves as evidence of the employer's compliance efforts. Employers without documented policies face greater difficulty defending against discrimination allegations, particularly under the incoming WFL framework that will require employers to demonstrate fair employment practices.

When an employer implements performance management, promotion, training allocation, or restructuring decisions, the Anti-Discrimination Policy provides the documented framework for merit-based decision-making. TAFEP has investigated complaints where employees alleged that promotion decisions favoured particular nationalities or racial groups, and employers must maintain records demonstrating that employment decisions were based on job-relevant criteria.

An Anti-Discrimination Policy for Singapore employers must contain several essential elements to comply with the Tripartite Guidelines on Fair Employment Practices (TGFEP), prepare for the Workplace Fairness Legislation (WFL), and demonstrate fair employment practices to MOM and TAFEP. The forms-legal.com Anti-Discrimination Policy template includes 12 sections covering the TGFEP's five principles and the protected characteristics anticipated under the WFL.

The policy commitment statement must declare the organisation's commitment to fair and non-discriminatory employment practices consistent with the five TGFEP principles — merit-based recruitment, fair treatment, equal training opportunities, fair rewards, and legal compliance. The statement should reference the employer's obligations under the Employment Act 1968 (Cap. 91) and the incoming Workplace Fairness Legislation.

Protected characteristics must enumerate the grounds on which discrimination is prohibited — including race, religion, age, sex, marital status, pregnancy, caregiving responsibilities, nationality, disability, mental health condition, and language. The WFL will legislate specific protected characteristics, and employers should align their policies with the anticipated statutory list published by MOM. The policy should clarify that protection extends to actual and perceived characteristics, and to association with persons having protected characteristics.

Scope and coverage must specify that the policy applies to all stages of the employment relationship — recruitment, selection, onboarding, probation, training, performance appraisal, promotion, compensation, benefits, transfer, restructuring, and termination — and covers all workers including permanent employees, part-time employees, fixed-term contract workers, interns, and secondees. The scope must also address the treatment of job applicants during recruitment.

Prohibited conduct must define the specific forms of discrimination prohibited — including direct discrimination (treating a person less favourably because of a protected characteristic), indirect discrimination (applying a provision, criterion, or practice that disproportionately disadvantages persons with a protected characteristic without justification), harassment (unwanted conduct related to a protected characteristic that creates an intimidating, hostile, or offensive environment), and victimisation (adverse treatment of a person who has made or supported a discrimination complaint).

Complaints procedure must provide clear, accessible, and confidential channels for reporting discrimination — including a named contact person, a dedicated reporting email, and the option for anonymous reporting. The procedure must specify the investigation timeline (typically 14-30 working days), the investigation methodology (interviews, document review, witness statements), interim protective measures for the complainant, and the decision-making authority. The procedure must confirm that complaints will be treated confidentially and that no retaliation will be taken against complainants acting in good faith.

Investigation and remedial action must detail the investigation process, the standard of proof applied (balance of probabilities for internal investigations), the range of disciplinary sanctions for substantiated complaints (from verbal warning to summary dismissal under Section 14 of the Employment Act 1968), and the complainant's right to escalate to TAFEP or the Employment Claims Tribunals (ECT) if dissatisfied with the internal outcome.

Reasonable accommodation provisions should address the employer's approach to accommodating employees with disabilities or health conditions — including workplace modifications, flexible working arrangements under MOM's Tripartite Guidelines on Flexible Work Arrangements, and adjustments to work duties. The SG Enable agency under the Ministry of Social and Family Development (MSF) provides guidance on disability employment and workplace accessibility that employers should reference.

Training and awareness requirements must mandate regular training for all employees on non-discrimination principles, unconscious bias, and the complaints procedure — with enhanced training for managers and supervisors responsible for recruitment, performance management, and disciplinary decisions. TAFEP offers employer training programmes and resources that companies can incorporate into their training calendar.

Policy review and monitoring must specify the frequency of policy review (typically annually), the responsible person or committee, and the metrics used to assess policy effectiveness — including complaint volumes, resolution timelines, workforce diversity data, and TAFEP compliance status.