Tickle v Giggle for Girls (No 2), Federal Court of Australia (2024)

In 2021, the applicant, a transgender woman, downloaded the app Giggle for Girls (the App), which is marketed as a “digital women-only safe space.” To register, users were required to upload a selfie, which was assessed by third-party AI software to determine gender based on appearance. The applicant was approved and used the App for eight months before being blocked, following a manual review of her selfie by a company employee.

The applicant brought a complaint of discrimination on the basis of gender identity against the company and its CEO, alleging both direct and indirect discrimination under the Sex Discrimination Act 1984 (Cth). The respondents denied all allegations, arguing that the applicant was removed because the company believed she was an adult male and classified her based on her sex assigned at birth. The Federal Court found that no direct discrimination had occurred, as it was not established that the respondents were aware of the applicant’s gender identity at the relevant time. However, the Court held that the requirement to appear as a cisgender woman to gain or retain access to the App imposed a condition that disproportionately disadvantaged transgender women, and thus amounted to indirect discrimination under the Act. The Court concluded that the company had unlawfully discriminated against the applicant. It issued a declaration to that effect, awarded general damages, and ordered the respondents to pay the applicant’s legal costs.

Topics

• Gender discrimination
• LGBTIQ

Geographical location

• Australia and Oceania
• Australia

Keywords

• discrimination based on sexual orientation and gender identity
• indirect discrimination
• trans rights

Year

• 2024

External URL

• Tickle v Giggle for Girls (No 2), Federal Court of Australia (2024)

Court

• Federal Court of Australia

Type

• Domestic Case Law

Jurisdiction

• Australia