Wisconsin Statutes 322.1325 – Article 132a – Retaliation
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Terms Used In Wisconsin Statutes 322.1325
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Officer: means a commissioned or warrant officer. See Wisconsin Statutes 322.001
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- State military forces: means the Wisconsin army and air national guard, the national guard, as defined in 32 U. See Wisconsin Statutes 322.001
(1) In this section:
(a) “Protected communication” means any of the following:
1. A lawful communication to a member of Congress, a member of the Wisconsin legislature, the governor, or an inspector general.
2. A communication to a member of the U.S. department of defense or the U.S. national guard bureau, a law enforcement officer, a state agency, a legislative service agency, a person in the chain of command, or a court-martial proceeding in which a member of the state military forces complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of a law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(b) “Unlawful discrimination” means discrimination on the basis of race, color, religion, sex, or national origin.
(2) Any person who, with intent to retaliate against any person for reporting or planning to report a criminal or military offense or for making or planning to make a protected communication, or with intent to discourage any person from reporting a criminal or military offense or making a protected communication, does any of the following shall be punished as a court-martial may direct:
(a) Wrongfully takes or threatens to take an adverse personnel action against any person.
(b) Wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person.