SENATE DOCKET, NO. 1311 FILED ON: 1/14/2009
SENATE . . . . . . . . . . . . . . No. 691
The Commonwealth of Massachusetts
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PRESENTED BY:
Patricia D. Jehlen
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Relative to Defense Against Abusive Waivers .
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PETITION OF:
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Name:
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District/Address:
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Patricia D. Jehlen
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Second Middlesex
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Ellen Story
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3rd Hampshire
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act Relative to Defense Against Abusive Waivers .
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Chapter 149 of the General Laws is hereby amended by inserting the following new section:--
Section 188.
A provision in any contract waiving any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, harassment or v
iolation of public policy in employment shall be deemed unconscionable, void and unenforceable, with respect to any such claim arising after the waiver is made. Such a right or remedy may not be prospectively waived to the extent that it arises under this
section, this chapter, chapter 151B, common law, any other provision of law or rule of procedure, or the Constitution of the Commonwealth.
This section shall not render void or unenforceable the remainder of the contract or agreement.
Whoever attempts
to enforce a waiver deemed unconscionable, void, or unenforceable under this section shall be liable for reasonable
attorneys
fees and costs.
No person shall take any retaliatory action, including but not limited to failure to hire, discharge, suspension,
demotion or other adverse action taken against an individual in the terms and conditions of employment, because an individual has refused to enter into an agreement or contract that contains a waiver deemed unconscionable, void, or unenforceable under thi
s section. An individual aggrieved of a violation of this section may avail herself of the substantive and procedural rights and remedies contained in G.L. c. 149, § 185(d). The rights and remedies contained herein are not exclusive, and are not intended
to preempt, and are not preempted by, other available procedures and remedies for retaliatory actions such as those contained in G.L. c. 151B, §§ 4(4), 4(4A) and 4(5).
This section shall be construed liberally for the accomplishment of its purposes. Not
hing in G.L. c. 251 shall limit the operation of this section.
Nothing in this section shall expand or limit the use of collective bargaining agreements.
This section shall apply to all claims arising after its effective date.
