He claims a flight attendant asked him to move saying he was not allowed to sit next to children because he was male.
According to Mr McGirr the flight attendant walked up the aisle and tried to find a female to swap seats with him.More stories from Today Tonight
"By that time, people had looked around and it was like I'd done something wrong, (I felt) defenceless. Usually I like to have a good argument and stand up for myself but I just sort of swallowed my pride and left," Mr McGirr said.
According to barrister David Gallbally the policy is aimed particularly and only at men.
"On the face of it, the police certainly does seem to be discriminatory," Mr Gallbally said.
"I think the Sex Discrimination Commissioner should act on this immediately and shouldn't let it continue."
Virgin airlines has declined an interview, but in a statement they say their policy is "based on customer feedback and is common to many airlines".
In light of Mr McGirr's complaint, Virgin said in a statement that they are "finalising a new policy...pending the outcome of a formal risk assessment".
According to 2005 figures from the Australian Bureau of Statistics 30.2 per cent of child sexual abuse is perpetrated by a male relative. The least likely perpetrator is a stranger at 11.1 per cent.
The stigma of males working with children can seen in schools, where male teachers becoming an endangered species.
Steven Badger runs one of the country's most successful swim schools but he fears political correctness is scaring men out of his industry.
"The suspicion that because I'm a male, their child is at some risk, because I am taking the class rather than a female member of staff. It offends me," Mr Badger said.
The governing authority, AUSTSWIM, now trains teachers to ask permission every time a child in a class needs to be held or touched.
"Put it this way, I am yet to be convinced that any of these measures have actually protected one extra child," Mr Badger said.
President of the Australian Primary Principals Association Norm Hart believes it is the fear of litigation and of being judged that makes young men stay away from the teaching profession.
"We're all disassociating ourselves from children and I think that's quite sad. There's nothing more important than educating the next generation and we should have our brightest and best, both men and women, doing that work," Mr Hart said.
According to Dr Karen Brooks, associate professor at the UQ Centre for Critical and Cultural Studies, society risks alienating men on a wide scale. She claims the consequences of the idea that all men are predators is damaging.
"What it means is it will change the way we perceive each other, the way we interact, and it is already modifying our behaviours," Dr Brooks said.
"Gender discrimination against men does exist within our society and we see it in multiple forms," she concluded.