An Australian judge on Friday awarded a transgender woman $10,000 for her claim of gender discrimination, finding she had been indirectly discriminated against by a women-only social media app.

Justice Bromwich rejected the woman’s claim of direct discrimination but found her claim of indirect discrimination on the basis of gender successful since the app imposed the condition that users have the appearance of a cisgender woman. The plaintiff also sought orders for a written apology, but Justice Bromwich declined to make those orders on the basis that any apology by the respondent would not be sincere.

Roxanne Tickle made a complaint to the Australian Human Rights Commission (AHRC) in December 2021 under Section 22 of the Sex Discrimination Act 1984 (Cth). She asserted that in being blocked from Giggle, an app marketed exclusively for women to share experiences and speak freely in a “safe space,” she was being discriminated against on account of her gender identity. 

Giggle founder Sall Grover said that Tickle was removed from the app “because they are male, no other reason.” Grover confirmed that Tickle’s removal was “manual,” saying that she looked at Tickle’s onboarding selfie and “saw a man.” She added, “The Al software had let them through, thereby making a mistake that I rectified.”

Tickle first downloaded Giggle in 2021. To access the app, users are required to upload a selfie to the platform, which is then assessed by third-party artificial intelligence (AI) software that determines whether the person is a man or a woman. If the software verifies that the user is a woman, she is granted full access to the app.

Tickle underwent this process and was provided with full access to the app between February 2021 and September 2021. After this period, the applicant found that she could no longer use any of the app’s features, such as posting content or commenting on other’s posts. She then received a ‘User Blocked’ message. Tickle attempted to contact the app’s owners about this issue, to which she received no response.

Australia’s Sex Discrimination Commissioner Dr. Anna Cody commended the case for recognizing that everyone deserves equal and fair treatment under the law, regardless of gender identity. Cody stated:

We must continue to recognise the worth and dignity of every person and reject the harmful stigmas and stereotypes that cause discrimination. No one in Australia should face exclusion or discrimination based on sex or gender identity, and we will continue to stand with trans communities and advocate for the rights of all women, including women who are trans.

This is the first case alleging gender identity discrimination to be heard by the Australian Federal Court.