Federal Court Doubles Damages Against Giggle App Founder in Gender Identity Discrimination Case

The Federal Court of Australia on Friday dismissed Sall Grover's appeal and upheld Roxanne Tickle's cross-appeal in the Tickle v Giggle case, doubling the damages awarded to the 57-year-old transgender woman. Justice Melissa Perry increased the payout from AU$10,000 to AU$20,000 and ordered Grover to pay up to AU$100,000 in legal costs.

The ruling marks the first time a case of alleged gender identity discrimination has been heard by the Federal Court in Australia.

Justice Melissa Perry ruled that Sall Grover and the Giggle for Girls app excluded Roxanne Tickle on the basis of gender-related appearance, amounting to direct discrimination under Australia's Sex Discrimination Act. "This amounted to direct discrimination by reference to a characteristic that pertains to people of Tickle's gender identity as a transgender woman, treating the 57-year-old less favourably than a woman designated female at birth," Justice Melissa Perry stated.

The Federal Court found that Sall Grover engaged in unlawful direct discrimination by treating Roxanne Tickle, a transgender woman, less favourably than a person designated female at birth seeking access to the Giggle App.

The three judges found that the original judge had erred by not deeming Roxanne Tickle's removal from the app based on Sall Grover's first visual review of the profile picture as direct discrimination. The earlier ruling found that Sall Grover had indirectly discriminated against Roxanne Tickle.

Under the Sex Discrimination Act, discrimination on the grounds of gender identity, sexual orientation or intersex status is unlawful, and it is illegal for providers of goods or services to discriminate against another person on the ground of a person's gender identity.

Roxanne Tickle downloaded the Giggle for Girls app in 2021, passed the registration process which included a selfie, and used the app for about half a year before being blocked. She was removed from the Giggle for Girls app in September 2021 after Sall Grover spotted male facial features on Tickle's profile photo.

" Sall Grover founded the Giggle for Girls app in 2020 after experiencing online abuse from men while working as a screenwriter in Hollywood.

"I wanted to create a safe, women-only space in the palm of your hand," Sall Grover stated. Roxanne Tickle holds a birth certificate listing her as female after undergoing gender-affirming surgery and hormone treatments. She identifies as female with family, friends and colleagues, uses women-assigned changing rooms and shops in women's clothing shops.

Roxanne Tickle originally sought AU$200,000 in compensation, partly on the basis of aggravated damages. Sall Grover persistently misgendered Roxanne Tickle across hundreds of social media posts to her 93,000 followers. The online campaign by Sall Grover generated an enormous amount of online abuse directed at Roxanne Tickle, Tickle's legal team said.

Sall Grover's legal team argued the app was exempt from discrimination law because it was designed to create a safe space for women and sought to achieve substantial equality between men and women. Lawyers for the Sex Discrimination Commissioner challenged the exemption argument, saying such an interpretation could allow discriminatory conduct under the guise of a protective measure.

The case follows a 2024 ruling in which a judge found that sex was changeable and non-binary.

Sall Grover vowed to take the case to the High Court.