# 2024-125 Pay and Benefits, Discrimination

Case summary

F&R Date: 2025-07-15

The grievor grieved his ineligibility for the underwear reimbursement program, which he claimed constituted discrimination based on sex/gender.  In his grievance, the grievor argued that there was no correlation between the sex  assigned at birth, the gender with which a person identifies and any specific underwear needs. He argued that the other sexes and genders  being excluded from the policy constituted a prohibited ground of discrimination. As redress, the grievor requested that financial assistance for the reimbursement of menstrual or leakproof underwear be granted to all military personnel, regardless of sex/gender , just like the reimbursement of bras and combat boots. The grievor criticized Canadian Forces General Message 112/22 — LEAKPROOF UNDERWEAR REIMBURSEMENT PROGRAM (the Program) for discriminating based on sex/gender.  

The Director General Land Equipment Program Management, acting as the Initial Authority, was unable to render a decision within the prescribed time frame. The grievor therefore requested that his grievance be referred to the Final Authority (FA). 

The Committee found that the grievor had not been aggrieved. The Committee explained that the Program had been established to remedy an issue with the shape of standard underwear, which did not adequately meet certain female physiological needs. It found that the grievor was not eligible for the Program because at the time of his request, he stated that he did not identify with any of the eligible sexes/genders  (female, intersex or transgender).  The Committee also pointed out that the Program aims to remedy a particular disadvantage experienced by members of the Canadian Armed Forces who are  female, intersex or transgender. This initiative falls within the scope of subsection 16(1) of the Canadian Human Rights Act, which authorizes the establishment of special programs to improve the situation of disadvantaged groups and therefore does not constitute an infringement of the right to equality. 

The Committee recommended that the FA not grant the grievor redress.