Complaints Received on Indirect Discrimination and Denial of Reasonable Accommodations at Workplaces

Between 2019 and 2023, the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) received eight complaints of indirect discrimination. These complaints form roughly 0.5% of the total number of workplace discrimination complaints that TAFEP received. TAFEP has not received complaints on the denial of reasonable accommodations.

The Tripartite Committee on Workplace Fairness received suggestions to cover indirect discrimination and reasonable accommodations under the Workplace Fairness Legislation but recommended against doing so. Prohibiting indirect discrimination in the legislation imposes very wide legal obligations on employers, resulting in uncertainty for both employers and employees. The employee-employer relationship may become more legalistic as a result.

The difficulty in clearly defining what constitutes reasonable accommodation is real and can result in heavy litigation as seen in other jurisdictions. Hence, prematurely prohibiting the denial of reasonable accommodations may result in an overly rigid approach that inadvertently deters employers from hiring employees who may need such accommodations.

This does not mean that protection is lacking for those who may face indirect discrimination or the denial of reasonable accommodations. The Workplace Fairness Legislation will work in concert with the Tripartite Guidelines on Fair Employment Practices, which will continue to provide protection against indirect discrimination. The tripartite partners will also be releasing an advisory on the provision of reasonable accommodations for persons with disabilities. Should employees face issues on indirect discrimination and reasonable accommodations in the workplace, they may approach TAFEP for advice and assistance.