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Bill H.1677
Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 192. (a) A provision in any contract waiving any
substantive
or
procedural
right
or
remedy relating to a claim of discrimination, non-payment of wages or benefits, retaliation,
harassment
or
violation
of
public policy in employment shall be deemed unconscionable, void and unenforceable, with respect
to any
such
claim
arising
after
the waiver is made. No right or remedy arising
under
this
section,
this
chapter,
common
law,
any
other provision of law or rule of procedure or the constitution shall be prospectively
waived.
This section shall not render void or unenforceable the remainder of the contract or agreement.
The provisions of this subdivision shall not apply to the terms of any collective bargaining agreement between an employer and the bona fide collective bargaining representative of that employer's employees.
(b) Whoever enforces or attempts to enforce a waiver deemed unconscionable, void or unenforceable under this section shall be liable for reasonable attorney's fees and costs.
(c) No person or employer shall take any retaliatory action, including, but not limited to, failure to hire, discharge,
suspension,
demotion, discrimination
in the terms, conditions or privileges of employment, or other adverse action, against a person,
because
the
person
does
not enter into an agreement or contract that contains a waiver deemed unconscionable, void or unenforceable under this section.
(d) A person aggrieved of a violation of this section may, within three years after the violation, institute and prosecute in such person's own name and on such person's own behalf a civil action for torts remedies, injunctive relief, and the costs of litigation and reasonable attorney's fees. The rights and remedies contained in this section shall not be exclusive and shall not preempt other procedures and remedies available under other applicable laws.
Section 193. This act shall take effect upon its passage and shall apply to all contracts entered into, renewed, modified or amended on or after such date.
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