; (2) using the taking of paid annual leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or numbers of shifts, or a disciplinary action; or (3) counting paid annual leave under a no-fault attendance policy or any other absence-control policy. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action under section 6, or has instituted or caused to be instituted any proceeding, under this Act; (2) has given, or intends to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or intends to testify, in any inquiry or proceeding relating to any right provided under this Act. 6. Enforcement and investigative authority (a) In general (1) Definition In this subsection— (A) the term employee means an employee described in subparagraph (A), (B), or (C) of section 2(2)