Technically, the report concludes that:
[T]he Agency's discrimination against Doe on the basis of her gender identity, including her gender transition from a man to a woman, constituted a PPP (prohibited personnel practice) under 5 U.S.C. § 2302(b)(10)(discrimination based on conduct not adverse to work performance) . . . . OSC makes no determination regarding Doe's sex discrimination claim, [but] OSC relies on pertinent EEO law for appropriate context.But, the report notes at the outset that transgender discrimination " likely constitute[s] a PPP of sex discrimination." The report also relies on Title VII precedent for "guiding principles."
Bottom line: Although the report technically makes no determination on the issue of sex discrimination, it does so in a way that makes pretty clear that the office believes transgender discrimination is sex discrimination.