You and the other person are probably talking past each other. For most people, "gender" is merely the polite way of saying "sex", and that's probably what the other commenter was referring to.
Gender in the sense of "the social roles and norms on top of biological sex" is indeed a construct, though heavily informed by the biology that they're based on. Biological sex is very much real and not a construct.
Of course biological sex is real and strongly bimodal with outliers, who ever said otherwise?