§ 48-3070 — (KCMJ Art. 132) Retaliation

(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person takes or threatens to take an adverse personnel action or withholds or threatens to withhold a favorable personnel action with the intent to:
(1) Retaliate against any person for reporting or planning to report a criminal or military offense;
(2) retaliate against any person making or planning to make a protected communication; or
(3) discourage any person from reporting or planning to report a criminal or military offense.
(b) As used in this section:
(1) "Covered individual or organization" means any recipient of communication specified in 10 U.S.C. § 1034(b)(1)(B)(i) through (v).
(2) "Inspector general" means the same as defined in 10 U.S.C. § 1034(j).
(3) "Protected communication" means:
(A) A lawful communication to a member of congress or an inspector general; or
(B) a communication to a covered individual or organization in which a member of the armed forces or state military forces complains of or discloses information that the member reasonably believes constitutes evidence of the following:
(i) A violation of law or regulation prohibiting sexual harassment or unlawful discrimination; or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.
(4) "Unlawful discrimination" means discrimination on the basis of race, color, religion, sex or national origin.

Legislative History

L. 2024, ch. 78, § 32; July 1.