Source: ABC News

A Federal Court ruling that the exclusion of Roxanne Tickle, a transgender woman, from the Giggle for Girls women-only social app was discriminatory has been upheld on appeal and the court reassessed damages to $20,000. Ms Tickle initially accessed the app in 2021 after submitting a selfie assessed by AI software to distinguish facial appearance, and her account was later restricted following a manual review. Justice Robert Bromwich had earlier found indirect gender identity discrimination based on an imposed condition that users appear to be cisgender women; the full court (Justices Melissa Perry, Wendy Abraham and Geoffrey Kennett) on appeal identified two instances of direct discrimination, including Giggle’s and CEO Sall Grover’s refusal to reinstate Ms Tickle’s account. The appeal judges accepted aspects of aggravating conduct in public commentary and in-court behaviour, and awarded general damages of $12,000 plus aggravated damages of $8,000.

The court considered submissions from Ms Grover contesting the meaning of “cisgendered” and arguing the decision impermissibly inferred group-based discrimination from an individual outcome, and also rejected a special-measures carve-out asserted by Grover’s lawyers. The judgment referenced past authorities on the ordinary meaning of sex being changeable and noted Ms Tickle had taken steps including reissued birth documentation and gender-affirming surgery. Ms Grover made public comments saying she was “absolutely devastated” and claimed women were being discriminated against; Ms Tickle said she hopes the outcome assists trans and gender diverse people and described lodging her complaint with the Australian Human Rights Commission in December 2021. The appeal panel emphasised the dispute concerned construction and application of the Sex Discrimination Act, and reaffirmed that issues of desirability of the law are not for the court to decide.