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Court upholds discrimination ruling against women-only app
A Sydney court has increased compensation for a transgender woman after ruling she faced direct discrimination when blocked from a female-only social app. The decision marks the first federal case of its kind in Australia.
Case background
Roxanne Tickle, who identifies as a woman, sued Giggle for Girls founder Sall Grover in 2022 after being removed from the app. Tickle had used the platform for six months before Grover blocked her account upon noticing "male facial features" in her profile photo.
The original ruling found Grover had indirectly discriminated against Tickle under Australia's Sex Discrimination Act. Grover appealed the decision, arguing the removal was based on biological sex, not gender identity.
Court's decision
On Friday, the Federal Court dismissed Grover's appeal and reclassified the discrimination as direct. The three-judge panel ruled Tickle was treated "less favourably than a person designated female at birth" seeking app access.
Compensation was doubled to AU$20,000 (approximately $14,000 USD or £11,000 GBP) from the original award. The court determined the initial judge erred by not recognizing Grover's "first visual review" of Tickle's profile as direct discrimination.
Legal arguments
Giggle's legal team maintained throughout proceedings that sex is a biological concept. They acknowledged Tickle was discriminated against but argued it was based on sex rather than gender identity.
"I would have seen the photo and just gone, 'male', and blocked."
Sall Grover, during initial court testimony
The app's registration process includes a selfie verification step that Tickle had initially passed before being removed.
App founder's response
Grover launched Giggle for Girls in 2020 after experiencing online abuse from men during her Hollywood screenwriting career. She described the app as "a safe, women-only space in the palm of your hand."
Following Friday's ruling, Grover announced plans to appeal to Australia's High Court.
Broader implications
Legal experts note this case sets precedent as the first federal gender identity discrimination matter heard in Australia. The Sex Discrimination Act prohibits service providers from discriminating based on gender identity.
The dispute, known as "Tickle vs Giggle," has drawn attention to tensions between gender identity protections and women-only spaces in digital platforms.
