20-02-2025, 09:35 AM
Deeper Analysis of Loopholes in the Workplace Fairness Act 2025
Here’s a breakdown of specific sections where employers might exploit loopholes in hiring, followed by strategies job seekers can use to counteract unfair practices.
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1. Small Employers Exemption (Section 4)
Loophole:
Employers with fewer than 25 employees are exempt (unless otherwise prescribed).
Companies can split operations into multiple legal entities to stay under the limit.
How Employers Might Exploit This:
Keep multiple small businesses under different names to avoid compliance.
Use contractors, freelancers, or temporary workers instead of employees to keep the headcount low.
How Job Seekers Can Counteract:
Research company structure—check if they have multiple entities registered.
If a small employer discriminates, consider public exposure (social media, forums, MOM reports) to push for accountability.
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2. Nationality Bias (Section 22 - Citizens & PRs Exemption)
Loophole:
Employers are allowed to prioritize Singapore citizens and PRs.
This can legally exclude foreigners from job opportunities.
How Employers Might Exploit This:
List "Singaporean/PR preferred" in job postings to deter foreign applicants.
Interview foreigners but never intend to hire them.
Justify hiring rejections based on work pass complications rather than merit.
How Job Seekers Can Counteract:
If you are a foreigner, focus on roles in industries facing manpower shortages (e.g., tech, healthcare).
If rejected, politely ask for written feedback—if they refuse, it may indicate bias.
Network actively rather than relying only on online applications.
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3. Language Discrimination (Section 14 & 20(3))
Loophole:
Employers can require proficiency in a specific language if it’s a genuine job requirement.
However, the Act states that it is not a genuine requirement just because colleagues use a particular language.
How Employers Might Exploit This:
Post job ads stating "Must be fluent in Mandarin / Tamil / Malay" even for roles where English is sufficient.
Reject candidates based on “lack of cultural fit” when the real reason is language bias.
How Job Seekers Can Counteract:
If you see unnecessary language requirements, ask: "Why is this language necessary for the role?"
Check the company’s language policies—many MNCs require English as the primary working language.
Report unjustified language requirements to the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP).
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4. “Genuine Job Requirement” Exception (Section 20)
Loophole:
If a company claims a protected characteristic (e.g., sex, age, disability) is a genuine requirement, discrimination is allowed.
How Employers Might Exploit This:
Require young employees for “physical jobs” without evidence of need.
Claim a role must be filled by a man/woman for cultural or customer preference reasons.
Use privacy standards as an excuse to hire based on gender (e.g., gym trainers, therapists).
How Job Seekers Can Counteract:
Ask employers to justify why the characteristic is essential.
If rejected for a discriminatory reason, request written justification—employers may hesitate if they lack valid reasoning.
Report companies that misuse this exception to MOM/TAFEP.
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5. Hiring Process Manipulation (Section 5)
Loophole:
Employers must consider applicants fairly, but they can still filter out candidates before interviews.
There is no strict penalty for biased pre-screening as long as it's not explicitly discriminatory.
How Employers Might Exploit This:
Use internal referrals to avoid considering diverse candidates.
Set arbitrary "experience" requirements that favor a specific demographic.
Filter resumes based on race, gender, or age-related information.
How Job Seekers Can Counteract:
Use AI-friendly resumes to bypass automated filters.
Avoid unnecessary personal details (e.g., birthdate, gender, marital status) on resumes.
Try networking and direct referrals to increase visibility in hiring pools.
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6. Retaliation Loophole (Section 28 - Anti-Retaliation Protections)
Loophole:
The law protects employees from retaliation only if evidence is available.
Retaliation can still occur in subtle ways (e.g., slow career progression, exclusion from projects).
How Employers Might Exploit This:
Give an unfair performance review after an employee complains.
Exclude employees from promotions or bonuses without explanation.
Use constructive dismissal tactics (e.g., making the workplace unbearable so the employee quits).
How Job Seekers Can Counteract:
Keep records (emails, meeting notes) of unfair treatment after raising complaints.
If you file a grievance, ask for written responses from HR.
Seek external support (TAFEP, legal aid) if retaliation occurs.
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7. Weak Enforcement & Light Penalties (Sections 29-34)
Loophole:
Penalties for discrimination are mostly financial, and some employers may just pay fines instead of changing practices.
Investigations require strong proof, making enforcement difficult.
How Employers Might Exploit This:
Continue biased hiring but word job ads carefully to avoid legal issues.
Settle disputes privately to prevent formal complaints.
Pay the fine as a cost of doing business rather than implementing fairer hiring.
While the Workplace Fairness Act 2025 is a step forward, loopholes remain that allow subtle discrimination. Employers who want to bypass the law will still find ways to do so, particularly during the hiring process.
Here’s a breakdown of specific sections where employers might exploit loopholes in hiring, followed by strategies job seekers can use to counteract unfair practices.
---
1. Small Employers Exemption (Section 4)
Loophole:
Employers with fewer than 25 employees are exempt (unless otherwise prescribed).
Companies can split operations into multiple legal entities to stay under the limit.
How Employers Might Exploit This:
Keep multiple small businesses under different names to avoid compliance.
Use contractors, freelancers, or temporary workers instead of employees to keep the headcount low.
How Job Seekers Can Counteract:
Research company structure—check if they have multiple entities registered.
If a small employer discriminates, consider public exposure (social media, forums, MOM reports) to push for accountability.
---
2. Nationality Bias (Section 22 - Citizens & PRs Exemption)
Loophole:
Employers are allowed to prioritize Singapore citizens and PRs.
This can legally exclude foreigners from job opportunities.
How Employers Might Exploit This:
List "Singaporean/PR preferred" in job postings to deter foreign applicants.
Interview foreigners but never intend to hire them.
Justify hiring rejections based on work pass complications rather than merit.
How Job Seekers Can Counteract:
If you are a foreigner, focus on roles in industries facing manpower shortages (e.g., tech, healthcare).
If rejected, politely ask for written feedback—if they refuse, it may indicate bias.
Network actively rather than relying only on online applications.
---
3. Language Discrimination (Section 14 & 20(3))
Loophole:
Employers can require proficiency in a specific language if it’s a genuine job requirement.
However, the Act states that it is not a genuine requirement just because colleagues use a particular language.
How Employers Might Exploit This:
Post job ads stating "Must be fluent in Mandarin / Tamil / Malay" even for roles where English is sufficient.
Reject candidates based on “lack of cultural fit” when the real reason is language bias.
How Job Seekers Can Counteract:
If you see unnecessary language requirements, ask: "Why is this language necessary for the role?"
Check the company’s language policies—many MNCs require English as the primary working language.
Report unjustified language requirements to the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP).
---
4. “Genuine Job Requirement” Exception (Section 20)
Loophole:
If a company claims a protected characteristic (e.g., sex, age, disability) is a genuine requirement, discrimination is allowed.
How Employers Might Exploit This:
Require young employees for “physical jobs” without evidence of need.
Claim a role must be filled by a man/woman for cultural or customer preference reasons.
Use privacy standards as an excuse to hire based on gender (e.g., gym trainers, therapists).
How Job Seekers Can Counteract:
Ask employers to justify why the characteristic is essential.
If rejected for a discriminatory reason, request written justification—employers may hesitate if they lack valid reasoning.
Report companies that misuse this exception to MOM/TAFEP.
---
5. Hiring Process Manipulation (Section 5)
Loophole:
Employers must consider applicants fairly, but they can still filter out candidates before interviews.
There is no strict penalty for biased pre-screening as long as it's not explicitly discriminatory.
How Employers Might Exploit This:
Use internal referrals to avoid considering diverse candidates.
Set arbitrary "experience" requirements that favor a specific demographic.
Filter resumes based on race, gender, or age-related information.
How Job Seekers Can Counteract:
Use AI-friendly resumes to bypass automated filters.
Avoid unnecessary personal details (e.g., birthdate, gender, marital status) on resumes.
Try networking and direct referrals to increase visibility in hiring pools.
---
6. Retaliation Loophole (Section 28 - Anti-Retaliation Protections)
Loophole:
The law protects employees from retaliation only if evidence is available.
Retaliation can still occur in subtle ways (e.g., slow career progression, exclusion from projects).
How Employers Might Exploit This:
Give an unfair performance review after an employee complains.
Exclude employees from promotions or bonuses without explanation.
Use constructive dismissal tactics (e.g., making the workplace unbearable so the employee quits).
How Job Seekers Can Counteract:
Keep records (emails, meeting notes) of unfair treatment after raising complaints.
If you file a grievance, ask for written responses from HR.
Seek external support (TAFEP, legal aid) if retaliation occurs.
---
7. Weak Enforcement & Light Penalties (Sections 29-34)
Loophole:
Penalties for discrimination are mostly financial, and some employers may just pay fines instead of changing practices.
Investigations require strong proof, making enforcement difficult.
How Employers Might Exploit This:
Continue biased hiring but word job ads carefully to avoid legal issues.
Settle disputes privately to prevent formal complaints.
Pay the fine as a cost of doing business rather than implementing fairer hiring.
While the Workplace Fairness Act 2025 is a step forward, loopholes remain that allow subtle discrimination. Employers who want to bypass the law will still find ways to do so, particularly during the hiring process.