The Federal Court ruled that Roxanne Tickle was a victim of indirect discrimination, which occurs when a decision disadvantages a person with a certain feature, even though she had not experienced direct prejudice. The app was ordered to pay Roxanne $10,000 ($6,700; £5,100) plus costs.
Regarding gender identity, this is a historic decision. The case revolved around the ever-tougher topic of what constitutes a woman.
Tickle downloaded the “Giggle for Girls” app in 2021. It was advertised as a secure haven online where women could talk about their experiences.
To gain access, she had to upload a selfie to prove her gender—a process that was determined by gender recognition software designed to filter out men.
She was able to successfully join the site, but her membership was cancelled seven months later.
Tickle asserted that she was discriminated against because of her gender identity and that, as a woman, she had a legal right to utilize services intended for women.
