Judge Rules for Transgender Woman in Landmark Discrimination Case

A transgender woman in Australia has successfully won a legal case against a social media company after a judge determined that the app’s administrators unjustly banned her from the platform. The ruling was made on Friday, marking a significant victory in a discrimination dispute.

The plaintiff, Roxanne Tickle, had filed the lawsuit after being banned from the social media platform Giggle for Girls in 2021. This platform was designed specifically for women and had stringent entry requirements.

Tickle, hailing from New South Wales, is a transgender woman who underwent gender-affirming surgery in 2019. Her legal complaint named both the app and its founder and CEO, Sall Grover, asserting that she was prohibited from participation due to the company’s assertion that she was a man.

In order to join the Giggle for Girls platform, individuals were required to submit a photograph, which would be processed by gender verification software using artificial intelligence. Ultimately, Grover held the power to make the final decision on membership based on this review.

In the landmark judgment, Justice Robert Bromwich of the Federal Court of Australia ruled that Grover had breached the country’s Sex Discrimination Act. The court awarded Tickle approximately $6,800 in damages, along with legal costs. Although she had initially sought around $135,000 in compensation, the judge’s decision marked a notable legal progression.

Representatives for Grover argued that the legal definition of “sex” was a permanent condition established at birth. However, Justice Bromwich dismissed this argument, citing a long-standing legal precedent. He noted that prior cases spanning over the last 30 years established the interpretation that sex can indeed be changeable.

In the ruling, the judge acknowledged that the discrimination Tickle faced was indirect. It was determined that she was most likely excluded from using the app because she did not present as “sufficiently female,” as judged by the standards set by the platform administrators.

Sadly, the Giggle for Girls app ceased operations in 2022, closing the chapter on this specific platform for women.