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.