The case involved the exclusion of trans woman Roxanne Tickle from a social media app for women
The Federal Court has ordered Giggle for Girls Pty Ltd to pay trans woman Roxanne Tickle $10,000 in what the Australian Human Rights Commission (AHRC) described as the first case alleging gender discrimination to go before the court.
The payout was set down in line with the judgment of Justice Robert Bromwich last Friday that Tickle was discriminated against when she was denied access to a social media app marketed as "made for women by women". The court concluded that Tickle’s exclusion was due to her appearance, which it deemed discrimination on the grounds of gender identity.
“Justice Bromwich has correctly and sensibly interpreted the law to ensure it does not exclude marginalised people who are in need of protection”, Equality Australia CEO Anna Brown said. “When the SDA was amended in 2013, the purpose was to protect trans and gender diverse people and others in our community from discrimination. This judgment confirms that discrimination laws exist to protect all of us, particularly groups such as trans women who have experienced historical exclusion and disadvantage”.
The ruling, Brown added, also confirms that “gender identity as a protected ground of discrimination is constitutionally valid”.
“Excluding Roxanne from this app was a hurtful act and an affront to her dignity, which the court has acknowledged today”, Brown said.
Tickle first filed a complaint to the AHRC in 2021. The case went to court after it could not be resolved.
“The 2013 changes to the Sex Discrimination Act make it clear it is unlawful under federal law to discriminate against a person on the basis of gender identity”, Sex Discrimination Commissioner Dr Anna Cody said. “We must continue to recognise the worth and dignity of every person and reject the harmful stigmas and stereotypes that cause discrimination. No one in Australia should face exclusion or discrimination based on sex or gender identity, and we will continue to stand with trans communities and advocate for the rights of all women, including women who are trans”.
As Sex Discrimination Commission, Cody acted as an amicus curiae (friend of the court), providing submissions on the meaning, scope, and validity of relevant provisions under the Sex Discrimination Act 1984 (Cth).
In addition to the $10,000 payout, Giggle for Girls was ordered to cover Tickle’s legal costs.
