Sydney S. Hart, a male-to-female transsexual, filed suit against the Department of the Treasury (“Treasury”), alleging sex discrimination in employment and retaliation, in violation of Title VII of the Civil Rights Act of 1964, codified, as amended, at 42 U.S.C. §§ 2000e et seq. At the relevant time, Hart worked as a Revenue Agent for the Internal Revenue Service (“IRS”). While working for the IRS, Hart transitioned from male to female. Hart was removed from employment effective May 20, 2011. The court granted Treasury’s motion for summary judgment because Hart failed to assert any facts that supported the discrimination claims. Hart is appealing.