§44-932. Retaliation.
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/ok/title-44-militia/44-932A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ARTICLE 132. Retaliation.
A. In general. Any person subject to the Oklahoma Uniform Code of Military Justice who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or making or planning to make a protected communication, or with the intent to discourage any person from reporting a criminal offense or making or planning to make a protected communication:
1. Wrongfully takes or threatens to take an adverse personnel action against any person; or
2. Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct.
B. Definitions. In this section:
1. The term "protected communication" means the following:
a. a lawful communication to a Member of Congress or a
Member of the Oklahoma Legislature or an Inspector
General, and
b. a communication to a covered individual or
organization in which a member of the state military
forces complains of, or discloses information that the
member reasonably believes constitutes evidence of,
any of the following:
(1)a violation of law or regulation, including a law
or regulation prohibiting sexual harassment or
unlawful discrimination, or
(2)gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety;
2. The term "Inspector General" has the meaning given that term in Section 1034(j) of Title 10 of the United States Code;
3. The term "covered individual or organization" means any recipient of a communication specified in clauses
(i)through
(v)of Section 1034(b)(1)(B) of Title 10 of the United States Code; and
4. The term "unlawful discrimination" means discrimination on the basis of race, color, religion, sex, or national origin. Added by Laws 2019, c. 408, § 188, eff. Oct. 1, 2019.