[Bigiron]

The Workplace Fairness Act 2025 (WFA 2025) aims to reduce discrimination and promote fair employment practices, but it has several flaws, weaknesses, and loopholes that employers can exploit. 

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1. Over-Reliance on Intent-Based Discrimination Proof

🔹 Flaw: The Act prohibits discrimination but requires proof that an employer intended to discriminate.
🔹 Loophole: Employers can claim that employment decisions were based on "merit", "cultural fit", or "business necessity", making it hard for employees to prove bias.
🔹 Exploitation Strategy:
Justify discriminatory hiring decisions using performance-based criteria.

Frame layoffs or retrenchments as "organizational restructuring" instead of discrimination.

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2. Employers Can Use "Genuine Requirement of Job" Exception (Section 20)

🔹 Flaw: Employers can legally discriminate if they prove that a protected characteristic is a "genuine requirement" for the job.
🔹 Loophole: This exception can be misused by crafting job descriptions to favor certain demographics.
🔹 Exploitation Strategy:
Claim a job "requires Mandarin" to exclude non-Chinese applicants.

Justify hiring younger employees by stating the job is "physically demanding", excluding older workers.

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3. Exemption for Small Businesses (Section 4)
🔹 Flaw: Companies with fewer than 25 employees are exempt from most obligations.
🔹 Loophole: Larger firms can split operations into multiple small entities to evade compliance.
🔹 Exploitation Strategy:
Register multiple shell companies with under 25 employees each.

Hire workers through contractor firms rather than direct employment.

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4. Strategic Retrenchment & Indirect Dismissal (Section 7)

🔹 Flaw: The Act only covers direct discrimination but does not explicitly regulate performance appraisals.
🔹 Loophole: Employers can subtly push out unwanted employees through biased performance evaluations.
🔹 Exploitation Strategy:
Assign unfavorable projects to targeted employees to set them up for failure.

Use subjective KPIs to justify dismissal of protected employees.

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5. Weak Protection Against Retaliation (Section 28)

🔹 Flaw: While retaliation is banned, burden of proof is on employees.
🔹 Loophole: Employers can retaliate indirectly without clear evidence.
🔹 Exploitation Strategy:
Give whistleblowers "silent treatment", blocking promotions or good assignments.

Use unofficial warnings and negative appraisals to pressure resignations.

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6. Legal Exceptions Favoring Citizens Over Foreigners (Section 22)

🔹 Flaw: The Act allows employers to prefer Singaporeans and PRs over foreigners.
🔹 Loophole: Firms can justify hiring biases under the pretext of "national workforce development".
🔹 Exploitation Strategy:

Exclude foreign applicants without violating discrimination laws.

Avoid hiring non-citizens while appearing compliant.

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7. No Strong Whistleblower Protections

🔹 Flaw: While complaints are protected, anonymous reporting is not guaranteed.
🔹 Loophole: Employees who file complaints may face internal blacklisting.
🔹 Exploitation Strategy:
Use non-disclosure agreements (NDAs) to prevent whistleblowing.

Threaten internal disciplinary actions for "baseless" complaints.

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8. Light Administrative Penalties & Weak Enforcement

🔹 Flaw: The penalties for violations are low compared to the cost of compliance.
🔹 Loophole: Employers may see fines as a "cost of doing business" rather than a deterrent.

🔹 Exploitation Strategy:
Accept minor fines instead of changing discriminatory practices.

Drag out investigations through legal appeals to avoid immediate consequences.

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🔹 How Employers Will Likely Exploit the WFA 2025

1. Justify Discrimination with "Merit-Based" Arguments.

2. Use Small Business Exemptions by Splitting Operations.

3. Retaliate Indirectly Without Leaving Clear Evidence.

4. Frame Retrenchment as Business Decisions, Not Discrimination.

5. Exploit Citizen vs. Foreigner Preferences to Exclude Certain Groups.

6. Keep Complaints Low by Silencing Whistleblowers.



https://sso.agc.gov.sg/Act/WFA2025/Uncom...e=20250213