The informant sought to issue process for a private prosecution, alleging her employer violated the Genetic Non-Discrimination Act by requiring her to take a COVID-19 rapid antigen test as a condition of employment.
At the pre-enquête hearing, the court considered whether a rapid antigen test qualifies as a 'genetic test' under the Act.
The court found that a rapid antigen test merely detects the presence of viral nucleoprotein antigens and does not analyze DNA or RNA.
As the informant failed to establish a prima facie case, the court declined to issue process.
