The applicant, an elementary school student, alleged that the respondent school board's policies regarding pediculosis (head lice) discriminated against her on the basis of age and perceived disability.
The school board's policy required students with head lice to be removed from the classroom until treated, and involved head checks in elementary but not secondary schools.
The Tribunal dismissed the application, finding that head lice is a common, easily treated ailment that does not constitute a disability under the Human Rights Code.
Furthermore, the Tribunal held that the differential treatment of elementary school students regarding head checks was based on the greater prevalence of lice in that age group and developmental differences, rather than stereotyping or prejudice, and therefore did not amount to age discrimination.