Wilde v Day

The case of Wilde v Day was heard in the Federal Circuit and Family Court of Australia. The plaintiff, Wilde, sought a declaration that their former employer, Day, had engaged in conduct that was discriminatory and vilifying against them due to their gender identity, in contravention of the Australian Human Rights Commission Act 2017. The court was required to determine whether the conduct of Day amounted to vilification under the Act.

The central legal issue before the court was whether Day's alleged conduct towards Wilde, which included making derogatory comments and refusing to use Wilde's preferred pronouns, could be classified as vilification. The court considered whether the conduct was sufficiently serious to amount to vilification and if it was targeted at Wilde based on their gender identity. The court also examined the impact of the conduct on Wilde and whether it was reasonable for the conduct to be seen as vilifying.

The court found that while Day's conduct was inappropriate and disrespectful, it did not meet the threshold of vilification as defined by the Act. The court reasoned that the conduct, while offensive, did not constitute a serious and sustained attack on Wilde's dignity or reputation based on their gender identity. The court also noted that there was no evidence that the conduct was intended to be vilifying or that it had a significant impact on Wilde's mental health or wellbeing. Consequently, the court dismissed Wilde's complaints of transgender vilification and made no order for costs.