Legal Research on Workplace Equality: Gender and Cultural Aspects

This legal research proposal examines workplace equality, focusing on gender and cultural aspects within the Australian context. It outlines aims, objectives, and research questions, including a literature review of relevant legislation like the Sex Discrimination Act of 1984 and the Workplace Gender E...Read More

Legal Research: Proposal

Abstract
The research is focussed on the aspect of equality in terms of gender and culture as far as the
workplace is concerned. It specifies certain aims and objectives along with some research
questions. An appropriate literature review with reference to the research has also been
conducted in a proper and appropriate manner. The methodologies for the research along with
the methods to be followed are also taken into consideration.

Table of Contents
Abstract......................................................................................................................................1
Aims and objectives...................................................................................................................3
Research questions.....................................................................................................................3
Introduction, background and rationale.....................................................................................3
Literature review........................................................................................................................4
Methodology..............................................................................................................................5
Methods......................................................................................................................................6
Limitations and delimitations.....................................................................................................7
Ethical considerations................................................................................................................7
Timeline (Gantt chart)................................................................................................................7
Budget........................................................................................................................................8
Bibliography...............................................................................................................................9

Aims and objectives
The main aims of the research imply the analysis of the concept of equality in terms of
culture and gender. It further states that the projected outcome of the research would be the
addressing of the issues relating to equality as far as the aspects of race and gender are
concerned. The concept of natural justice would also be analysed in his regard as far as
equality and fairness are concerned1. The aims of the research also include the delving into
the concepts related to the basic human rights and civil liberties of a person as far as gender
and cultural equality are concerned in the interest of liberalism, humanitarianism and
egalitarianism. The laws applicable to Australia in terms of workplace diversity would be
taken into consideration. The objectives of the research imply the aspect related t the
resolution of the issues relating to equality in terms of work culture and organisational change
along with the pay gaps on grounds of the gender of a person accordingly. The Constitution
of Australia may also be taken into consideration in order to meet the aims and objectives of
the research as aforesaid. The relevant cases may also be analysed.
Research questions
What is the concept of equality in relation to the research?
Introduction, background and rationale
The research is purported to the resolve the issues related to the equality at the workplace in
terms of gender and culture. In the recent past, various steps and measures have been taken to
address these kinds of problems thereby leading to the management of diversity at the
workplace in an incredible manner. It is of utmost importance to provide conclusive solutions
to the problems of equality at the workplace as far as maintenance of diversity is concerned.
It would help in the fostering of relationships amongst the employees form diversified
backgrounds in an amicable manner2. The importance of the research further implies the
aspect of natural justice in terms of equality and fairness thereby undertaking a non-
1 Dominique Allen,. "Rethinking the Australian model of promoting gender equality." The public law of gender:
From the local to the global. (Cambridge University Press, 2nd ed., 2016) 400.
2 Michel M Asprey,. A Plain Language Vocabulary (Federation Press, 3rd ed., 2003) 235.

discriminatory approach in terms of gender and culture. The research would play a vital role
for the legal fraternity as far as the benefits are concerned with regard to the application of
the relevant laws to prevent the aspects related to discrimination in the desired manner. It
would also uphold civil liberties and human rights of a person thereby implying the guarantee
and protection of the titles of people are concerned3. The major issues which would be
resolved with reference to organisational point of view involve sexual harassment at the
workplace and racial discrimination thereby implying equality in the desired manner. Even
though tremendous progress has been made to resolve such issues, a lot needs to be done in
terms of maintaining equality at the workplace.
Literature review
Various legislations have been passed in order to address the issues relating to equality in
terms of gender and culture as far as the organisational level is concerned. For example, the
Sex Discrimination Act of 1984 has emerged as a pioneer in the discipline relating to equality
in terms of gender4. Such legislation also implies the prevention of discrimination on grounds
of the sexual orientation of a person. As a result, there have been efforts with regard to the
prevention of discrimination at the workplace on grounds of gender. In this regard, there have
also been steps and measures to prevent sexual harassment at workplace thereby providing
comprehensive solution to the aggrieved people, most notably women5. Additionally, there
have also been measures undertaken for the purpose of addressing the issues relating to the
inequality in the payment of salaries, wages and perks thereby implying that women are
being paid less than men for the carrying out of the similar nature of tasks6. In this regard, it
is imperative that the respective organisations are in breach of the doctrine relating to equal
pay for equal contribution of work thereby resulting in gender discrimination to a
3 Bruce Bott, and Ruth Talbot-Stokes, Nemes and Coss’ Effective Legal Research (LexisNexis, 6th ed, 2015)
150.
4 Sex Discrimination Act 1984 (Cth)
5 Prue Vines, Law and Justice in Australia: The Foundations of the Legal System (Oxford, 3rd ed, 2013)
6 Katherine Bartlett, Feminist legal theory: Readings in law and gender. (Routledge, 3rd ed. 2018).

considerable extent7. The Sex Discrimination Act of 1984 has played an important role with
reference to the addressing of the issues which not only relate to the inequalities in the
disbursement of pay but also the protection of the rights of pregnant women as far as their
welfare is concerned with regard to maternity leaves to be provided by the respective
organisation. As a result, various organisations have incorporated the concept of maternity
leave in their policies and frameworks as far as the laws related to Workplace Health and
Safety are concerned which vary amongst the Australian states and territories. In the case of
Hickie v Hunt and Hunt, there was a discriminatory approach meted put towards a pregnant
woman as far as maternity leave is concerned8. The organisation ignored the fact with regard
to the responsibilities of a pregnant woman towards her family. In this case, it was held by
the Human Rights and Equal Opportunity Commission that there has been a blatant
discrimination on grounds of gender on part of the respective organisation. Such a case
influenced the drafting and execution of the Equal Opportunity for Women in the Workplace
Act of 1999 which was followed by the Sex Discrimination Amendment (Pregnancy and
Work) Act of 20039. The Equal Opportunity for Women in the Workplace Act of 1999 was
later on developed by the passing of the Workplace Gender Equality Act of 201210. It led to
the setting up of the Workplace Gender Equality Agency in order to propagate the equal
treatment of people at the workplace with regard to their gender. Additionally, in order to
implement the Sex Discrimination Act of 1984, the Sex Discrimination Commissioner
appointed by the Australian Human Rights Commission plays a vital role as far as
discrimination in the workplace is concerned11.
In addition to discrimination on grounds of gender, organisations have also been alleged to
have undertaken a discriminatory approach towards their employees on the basis of their
cultural background. The main reason for the same implies that there are certain organisations
that are not flexible with regard to the adoption of changes in the policies as far as
7 Sandford Delbridge Clark and Mark Herron. Planning legal research. (Victoria Law Foundation, 1986) ch.3.
8 Hickie v Hunt and Hunt (1998)
9 Sex Discrimination Amendment (Pregnancy and Work) Act 2003 (Cth)
10 Workplace Gender Equality Act 2012 (Cth)
11 Roger Cotterrell, Law’s Community: Legal Theory in Sociological Perspective (Clarendon Press, 1997).

multiculturalism is concerned12. The aspect of multiculturalism has sharply risen at a
considerable level in Australia due to a huge influx of people into Australia from many
countries of the world13. As a result, there are many organisations in Australia which have
introduced the concept of diversity management thereby incorporating it into their policies
and frameworks and implying that there would be stringent action for the contravention of the
policies related to diversity management. In this regard, the aspects related to unfair dismissal
and unlawful termination are also taken into consideration as far as the factors related to
racial discrimination are concerned14. Besides race, the aspects of religion and ethnic origin
along with the traditional background of a person are also taken into consideration as far as
the concept of culture is concerned. Besides people from the other countries, the aspect of
cultural background is also applicable to Aboriginals and Torres Strait Islanders as far as the
resolution of the issues relating to the marginalisation of such kind of people are concerned
thereby providing them the opportunities of employment based on the concepts of equality
and human rights as far as natural justice is concerned15. The Racial Discrimination Act of
1975 and the Racial Hatred Act of 1995 have played an important role in the eradication of
racial discrimination at the organisational level. In this aspect, the concept of change
management at the organisational level has been taken into account in addition to the
maintenance of diversity at the workplace16. As a result, it is of extreme importance to
maintain a work culture that suits all kinds of employees irrespective of their cultural
12 Keith F Punch, Introduction to Social Research: Quantitative and Qualitative Approaches (Sage,6th ed.
2000)
13 Catriona Cook Robin Creyke, Robert Geddes and David Hamer, Laying Down the Law (LexisNexis, 8th ed,
2012) 135.
14 Pauline Westerman, ‘Open or Autonomous? The Debate of Legal Methodology as a Reflection of the Debate
on Law’ in Mark Van Hoecke (ed) Methodologies of Legal Research: Which Kind of Method for What Kind of
Discipline? (Hart Publishing, 2011).
15 Roger Cotterrell, Law’s Community: Legal Theory in Sociological Perspective (Clarendon Press, 1997).
16 Debra Meyerson and Joanne Martin. "Cultural change: An integration of three different views [1]." (1987)
24.6 Journal of management studies 630.

background. In this matter, the Race Discrimination Commissioner appointed by the
Australian Human Rights Commission plays an extremely vital role with regard to the
addressing of the issues pertaining to racism in the workplace17. As far as the issues related to
the derogatory treatment of the Aboriginals and Torres Strait Islanders in the workplace are
concerned, the role of the Aboriginals and Torres Strait Islander Social Justice Commissioner
appointed by the Australian Human Rights Commission would be extremely vital as far as
the providing a comprehensive solution in terms of the merits of the case is concerned18.
Additionally, the concept related to freedom to practice any religion or to be irreligious is
also guaranteed under Section 116 of the Constitution of Australia as far as the equality in
terms of culture is concerned. With reference to the prevention of racism, Australian states
and territories have enacted their own set of legislations and regulations19.
Apart from race, traditions, customs and ethnic background of people, the factor of language
also plays an important role in the shaping up of cultural equality at the workplace. Apart
from the immigrants in Australia who are originally form non-English speaking countries, the
Aboriginals and Torres Strait Islanders are also inclusive of the Cultural and Linguistically
Diverse communities since there native language is not English. As a result, it is imperative
that the discrimination of the Cultural and Linguistically Diverse communities would imply
inequality in terms of culture as far as diversity management at the workplace is concerned20.
17 Jonathan Grix, The Foundations of Research (Palgrave Macmillan, 4th ed., 2010)
18 Joanne Martin and Caren Siehl. "Organizational culture and counterculture: An uneasy symbiosis." (1983)
12.2 Organizational dynamics 55.
19 Jennifer A. Chatman and Charles A. O’Reilly. "Paradigm lost: Reinvigorating the study of organizational
culture." (2016) 36 Research in Organizational Behavior 215.
20 Tristin K. Green. "Work culture and discrimination." (2005) 93 Calif. L. Rev. 623.

Methodology
The ontological aspect with regard to the research would be the assumptions that can be taken
into consideration with regard to the favourable outcomes in terms of the issues related to
equality as far as the aspects of gender and culture are concerned. Taking account of the
current scenario, it is imperative that in the long run, there would be an eradication and
elimination of the aspect related to discrimination at the workplace on grounds of gender rand
culture as inferred by the literature review thereby implying the ontological assumptions.
Such assumptions are observed as a result of the collection and analysis of secondary data as
far as their relevancy is concerned21. The epistemological assumptions imply the benefits
involved as a result of the research related to the equality in Australian workplaces in terms
of gender and culture based on the relevant literature concerned along with the appropriate
knowledge as far as the applicable theories are concerned22. In this regard, the theories of
justice may be applicable in relation to equality along with the theories related to rights as far
as the desired outcomes of the research are concerned. The collected data in a secondary form
have to be analysed and interpreted in a proper and appropriate manner. The data would be in
the form of books and journals along with articles available on the internet in addition to
electronic books23. It may also include case laws and statutes as applicable in the desired
manner as applicable in order to provide a comprehensive solution to the scenario in
question.
Methods
The qualitative methods would be applied with regard to the research in order to provide a
feasible understanding for the reader in question24. The conceptualization of the main subject
21 Bent Flyvberg, Making Social Science Matter: Why Social Inquiry Fails and How Can It Succeed
Again (Cambridge University Press, 6th ed., 2001) 130
22 David Silverman ed. Qualitative research. (Sage, 6th ed. 2016) 100.
23 Kumar Ranjit, Research Methodology: a step-by-step guide for beginners (Sage, 4th ed, 2014)
24 Terry Hutchinson, ‘Doctrinal research: Researching the jury’ in Dawn Watkins and Mandy Burton
(eds), Research Methods in Law (Taylor and Francis, 2013) 1.

matter of the research would be taken into consideration as far as the conducting and
undertaking of the research and analysis is concerned. The resolution of the issues related to
gender and cultural equality would be possible primarily by the approach relating to the
qualitative methods of research in a feasible manner without any major hindrances or
obstacles. It would also imply the completion of the research in a timely manner.
Additionally, there would be no huge costs with reference to the expenditure to be made in
the research as far as qualitative methods are concerned25. The analyses of the concepts of the
research would be conducted in an in-depth manner by the virtue of the application of the
qualitative methods. It would lead to the derivation of the appropriate solutions with
reference to the issues of equality at the workplace as far as aspects of gender and cultural
background of people are concerned26. As a result, it is imperative that the issues relating to
workplace discrimination can mainly be resolved by the virtue of the application of the
qualitative methods in an effective and efficient manner as far as the derivation of the
required solutions in the proper manner is concerned27. It would help in the meeting of the
aims and objectives of the research along with the addressing of the research questions.
Limitations and delimitations
The limitations involved in the research imply the constraints which act as hindrances and
impediments in terms of the conducting and undertaking of the research. The restrictions and
limitations in this matter mainly include the barriers imposed in terms of finances and time
thereby leading to the various kinds of obstacles in the conducting of the widened study of
the research. These limitations imply that within the stipulated timeframe and budget, the
research cannot be conducted in an in depth manner as far as the analysis in an incredible
manner is concerned28. However, it should be taken into consideration that despite such kinds
of barriers and limitations, the research has to be conducted and undertaken in such a manner
25 Nicholas Walliman,. Research methods: The basics. (Routledge, 4th ed. 2017) 130.
26 Rupert Cross and J W Harris, Precedent in English Law (Clarendon Press, 4th ed, 1991) 140.
27 Nick Moore, How to Do Research (Facet Publishing, 3rd ed, 2006), ch. 3.
28 Terry Hutchinson, Researching and Writing in Law (Lawbook Co., 3rd ed, 2010)

that it provides the scope and opportunity to enhance the research in an analytical and deeper
manner as far as the contribution of the future research enthusiasts and analysts are concerned
in the related disciplines29. The delimitations involved in the research imply the availability of
a plethora of online and offline relevant sources in secondary for which are feasible in terms
of the collection and analysis of the data in a proper and appropriate manner. It would help in
the conducting of the research in an effective and efficient manner as far as the favourable
outcomes are concerned30. It also includes the sources in the form of case laws and
legislations as applicable based on the relevancy of the issues regarding the research based
discourse as far as equality in the workplace with respect to gender and culture are concerned.
Ethical considerations
The ethical considerations imply that there are certain set of ethics that are to be followed
with reference to the conducting and undertaking of the research in an effective and efficient
manner as far as the favourable outcomes are concerned. The approaches with regard to the
research and analysis must not involve any kind of malpractice as far as misconduct is
concerned. The data has to be presented in an accurate manner and should not be fudged up
as far as collusion and fabrication is concerned31. There should not be any level of plagiarism
in the compilation of the report of the research as far as the violations of the copyright laws in
force are concerned. As a result, the originality with regard to the conducting and undertaking
of the research is to be taken into consideration. The approval of the ethics committee prior to
the commencement of the research would also be taken into account thereby implying that
the research is being conducted in compliance with the ethics as applicable as far as the
subject of the research is concerned with reference to the concept of equality and human
rights as far as the prevention of discrimination in the workplace is concerned32. The
29 Zina O’Leary, The Essential Guide to Doing Your Research Project(Sage, 2nd ed, 2014)
30 Martin Le Voi, ‘Responsibilities, rights and ethics’ in Stephen Potter (ed) Doing Postgraduate
Research (Sage, 2002) 7
31 Iris Murdoch, Metaphysics as a Guide to Morals (Penguin, 4th ed. 1992)
32 Bent Flyvberg, Making Social Science Matter: Why Social Inquiry Fails and How Can It Succeed
Again (Cambridge University Press, 6th ed., 2001) 130

sensitivity of the people involved in the research as participants are to be taken into account
in the desired manner accordingly.
Timeline (Gantt chart)
Details Weeks 1-2 Week 2-4 Week 4-6 Week 6-9 Week 9-12
Collection of
resources
Literature
review
Analysis of
the collected
resources
Preparation
of first draft
and meeting
with the
supervisor
Preparation
of the final
draft and
submission
Budget
Activity Costs
Renting of books 50 dollars
Subscription of law journals 30 dollars
Accessing of case laws online 20 dollars
Accessing of legislations online 20 dollars
Procuring materials form the people and
organisations concerned
40 dollars
Stationery along with printing and binding 30 dollars

Total 190 dollars

Bibliography
Bent Flyvberg, Making Social Science Matter: Why Social Inquiry Fails and How Can It
Succeed Again (Cambridge University Press, 6th ed., 2001) 130
Bruce Bott, and Ruth Talbot-Stokes, Nemes and Coss’ Effective Legal Research (LexisNexis,
6th ed, 2015) 150.
Catriona Cook Robin Creyke, Robert Geddes and David Hamer, Laying Down the
Law (LexisNexis, 8th ed, 2012) 135.
David Silverman ed. Qualitative research. (Sage, 6th ed. 2016) 100.
Debra Meyerson and Joanne Martin. "Cultural change: An integration of three different views
[1]." (1987) 24.6 Journal of management studies 630.
Dominique Allen,. "Rethinking the Australian model of promoting gender equality." The
public law of gender: From the local to the global. (Cambridge University Press, 2nd ed.,
2016) 400.
Hickie v Hunt and Hunt (1998)
Iris Murdoch, Metaphysics as a Guide to Morals (Penguin, 4th ed. 1992)
Jennifer A. Chatman, and Charles A. O’Reilly. "Paradigm lost: Reinvigorating the study of
organizational culture." (2016) 36 Research in Organizational Behavior 215.
Joanne Martin and Caren Siehl. "Organizational culture and counterculture: An uneasy
symbiosis." (1983) 12.2 Organizational dynamics 55.
Jonathan Grix, The Foundations of Research (Palgrave Macmillan, 4th ed., 2010)
Katherine Bartlett, Feminist legal theory: Readings in law and gender. (Routledge, 3rd ed.
2018).
Keith F Punch, Introduction to Social Research: Quantitative and Qualitative
Approaches (Sage,6th ed. 2000)
Martin Le Voi, ‘Responsibilities, rights and ethics’ in Stephen Potter (ed) Doing
Postgraduate Research (Sage, 2002) 7

Michel M Asprey,. A Plain Language Vocabulary (Federation Press, 3rd ed, 2003) 235.
Nicholas Walliman,. Research methods: The basics. (Routledge, 4th ed. 2017) 130.
Nick Moore, How to Do Research (Facet Publishing, 3rd ed, 2006), ch. 3.
Pauline Westerman, ‘Open or Autonomous? The Debate of Legal Methodology as a
Reflection of the Debate on Law’ in Mark Van Hoecke (ed) Methodologies of Legal
Research: Which Kind of Method for What Kind of Discipline? (Hart Publishing, 2011).
Prue Vines, Law and Justice in Australia: The Foundations of the Legal System (Oxford,
3rd ed, 2013)
Ranjit Kumar, Research Methodology: a step-by-step guide for beginners (Sage, 4th ed, 2014)
Roger Cotterrell, Law’s Community: Legal Theory in Sociological Perspective (Clarendon
Press, 1997).
Rupert Cross and J W Harris, Precedent in English Law (Clarendon Press, 4th ed, 1991) 140.
Sandford Delbridge Clark and Mark Herron. Planning legal research. (Victoria Law
Foundation, 1986) ch.3.
Sex Discrimination Act 1984 (Cth)
Sex Discrimination Amendment (Pregnancy and Work) Act 2003 (Cth)
Terry Hutchinson, ‘Doctrinal research: Researching the jury’ in Dawn Watkins and Mandy
Burton (eds), Research Methods in Law (Taylor and Francis, 2013) 1.
Terry Hutchinson, Researching and Writing in Law (Lawbook Co., 3rd ed, 2010)
Tristin K. Green. "Work culture and discrimination." (2005) 93 Calif. L. Rev. 623.
Workplace Gender Equality Act 2012 (Cth)
Zina O’Leary, The Essential Guide to Doing Your Research Project (Sage, 2nd ed, 2014)