Tickle successfully sued social media platform Giggle for Girls with judge stating ‘on its ordinary meaning sex is changeable’
A transgender woman who sued a women-only social media app for alleged gender discrimination has been awarded $10,000 plus costs after a judge found she had been indirectly discriminated against in a landmark decision that tested the meaning and scope of the Sex Discrimination Act., sued the women-only social media platform Giggle for Girls and its CEO, Sall Grover, claiming she was unlawfully barred from using the app in 2021 after the firm and Grover said she was a man.
While the claim of direct discrimination failed, the judge found that indirect gender discrimination took place when Tickle “was excluded from the use of the Giggle app because she did not look sufficiently female”. Changes to the Sex Discrimination Act in 2013 made it unlawful under federal law to discriminate against a person on the basis of sexual orientation, gender identity or intersex status.
Tickle’s barrister Georgina Costello KC said that “Ms Tickle is a woman” but that “the respondents flatly deny that fact”.“Sex is discriminatory, it always has been and always will be … biological sex must prevail,” barrister Bridie Nolan said.that she would not address Tickle as “Ms” and that, even if a transgender woman presented as female, had gender affirmation surgery, lived as a female and held female identity documents, Grover would still see her as a “biological male”.
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