Oklahoma § 44-932 - Retaliation

§ 44-932. Retaliation

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.