The first thing the EEOC will do is request all records the employer has on the hiring process.  

What I am saying, is based on the information in the story (which I admitted was one sided) then the employer will lose. 

I notice from your other posts you have a big agenda about the applicant presenting as a man by "checking the box of female".  That is precisely what the EEOC would hinge a determination of discrimination on since they prohibit discrimination on "gender identity, and sexual orientation", but yet you've spent a lot of energy talking about the science (or lack there of) how gender identity and sexual orientation come to be.  Seems you have a predisposed bias.