Federal Court Doubles Discrimination Payout for Trans Woman
A Sydney court has increased the discrimination payout for Roxanne Tickle, an Australian trans woman, who was removed from a female-only app due to her gender identity.
Nearly two years ago, Tickle successfully sued Sall Grover, the founder of the Giggle for Girls app, after Grover blocked her account citing gender identity as the reason. Grover appealed the verdict, but on Friday, the Federal Court dismissed the appeal and ruled that Tickle experienced direct discrimination rather than indirect discrimination by Grover.
As a result, Tickle was awarded AU$20,000 (approximately $14,000 or £11,000), which is double the original compensation amount.
Legal Arguments and Background
Throughout the original case, Giggle's legal team maintained that sex is a biological concept. They acknowledged that Tickle was discriminated against but argued it was on the basis of sex rather than gender identity.
The case, known as "Tickle vs Giggle," marks the first time the Federal Court in Australia has heard a case concerning alleged gender identity discrimination.
During the initial proceedings, evidence showed that Grover removed Tickle from the app after noticing what she described as "male facial features" in Tickle's profile photo.
Grover told the court, "I would have seen the photo and just gone, 'male', and blocked."
Grover explained that upon viewing Tickle's profile picture, she concluded Tickle was not a woman and removed the account, stating the process was "the same as removing all males."
Legal Framework and Court Findings
Under Australia's Sex Discrimination Act, it is unlawful for providers of goods or services to discriminate against individuals based on gender identity.
In the Federal Court's judgment on Friday, the full court determined that Grover had engaged in unlawful direct discrimination by treating Tickle, "who is a transgender woman, less favourably than a person designated female at birth seeking access to the Giggle App."
The three judges also identified an error in the original ruling, which had classified Tickle's removal as indirect discrimination. They found that the removal based on Grover's "first visual review" of the profile picture constituted direct discrimination.
Case History and App Background
Tickle downloaded the Giggle for Girls app in 2021, successfully completing the registration process, which included submitting a selfie. She used the app for approximately six months before being blocked.
Grover founded the Giggle for Girls app in 2020, motivated by her experiences with online abuse from men during her career as a Hollywood screenwriter.
Grover previously stated, "I wanted to create a safe, women-only space in the palm of your hand."
Next Steps
Following the Federal Court's ruling, Grover announced her intention to appeal the decision to the High Court.
