You would think people at Justice can look up case law as easily as I can.
Etsitty v. Utah Transit Authority
If transsexuals are to receive legal protection apart from their status as male or female, however, such protection must come from Congress and not the courts. See Ulane v. E. Airlines, 742 F.2d 1081, 1087 (7th Cir.1984) (“f the term ‘sex’ as it is used in Title VII is to mean more than biological male or biological female, the new definition must come from Congress.”).
SPEARMAN v. FORD MOTOR COMPANY
Congress intended the term “sex” to mean “biological male or biological female,” and not one's sexuality or sexual orientation. See id. at 1087. Therefore, harassment based solely upon a person's sexual preference or orientation (and not on one's sex) is not an unlawful employment practice under Title VII. Id. at 1085; see also Hamner v. St. Vincent Hosp. and Health Care Center, Inc., 224 F.3d 701, 704 (7th Cir.2000)