“On this record, there is no cause to question that Complainant—who was assigned the sex of male at birth but identifies as female—is female.” (Emphasis in original.)
Never mind that the record in question indicates that the complainant, who recently changed his legal name from Todd Lusardi to Tamara Lusardi, wasn’t arbitrarily “assigned the sex of male at birth” but is in fact genetically male and, yes, even retains (or, at least at the time of the events in question, retained) male genitalia. Anyone who thinks that “there is no cause to question” that Lusardi “is female” is an idiot or a lunatic.
Alas, it turns out that three members of the Equal Employment Opportunity Commission—Jenny R. Yang, Chai R. Feldblum, and Charlotte A. Burrows—are idiots or lunatics, for the passage I quote is from a recent EEOC decision, adopted by a 3-2 vote on, fittingly, April Fool’s Day. That decision, rendered against the Department of the Army, holds that Lusardi was “subjected to disparate treatment on the basis of sex” when he (the decision uses female pronouns for him) “was denied equal access to the common female restroom facilities.” It also holds that he was subjected to a hostile work environment “based on sex.” Part of the evidence in support of that holding was that a supervisor used male pronouns to refer to him (and “Sir” to address him).