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HOUSE DOCKET, NO. 1377 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1778
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Alyson M. Sullivan-Almeida
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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 adoption of the accompanying bill:
An Act concerning nondisclosure agreements relative to sexual harassment and discrimination.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023Michelle M. DuBois10th Plymouth1/19/2023Joseph D. McKenna18th Worcester1/31/2023David F. DeCoste5th Plymouth2/9/2023Donald R. Berthiaume, Jr.5th Worcester2/15/2023 1 of 5
HOUSE DOCKET, NO. 1377 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1778
By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
1778) of Alyson M. Sullivan-Almeida and others relative to nondisclosure agreements relative to
sexual harassment and discrimination. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1887 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act concerning nondisclosure agreements relative to sexual harassment and discrimination.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 151B of the General Laws is hereby amended by inserting after
2section 10 the following new section:-
3
4 Section 11. Nondisclosure agreements relative to sexual harassment and discrimination
5
6 Section 11. (a) Notwithstanding any general or special law to the contrary, a settlement
7agreement or a provision within a settlement agreement that prevents the disclosure of
8information related to a claim filed in a civil action or a complaint filed in an administrative
9action, regarding any of the following, is prohibited: 2 of 5
10
11 (1) A sex offense, as defined in section 178C of chapter 6, between the employer and an
12employee or between employees occurring in the workplace or at work-related events off the
13employment premises coordinated by or through the employer, or between the employer and an
14employee off the employment premises.
15
16 (2) An act of sexual harassment, as defined in subsection 18 of section 1 of this chapter,
17between the employer and an employee or between employees occurring in the workplace or at
18work-related events off the employment premises coordinated by or through the employer, or
19between the employer and an employee off the employment premises.
20
21 (3) An act of discrimination based on sex, gender identity or sexual orientation, as
22described in section 4 of this chapter, between the employer and an employee or between
23employees occurring in the workplace or at work-related events off the employment premises
24coordinated by or through the employer, or between the employer and an employee off the
25employment premises.
26
27 (4) An act of retaliation against a person for reporting any incident described in
28paragraphs (1) through (3), inclusive, or against a person for cooperating in the investigation of
29the report of any incident described in paragraphs (1) through (3), inclusive.
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31 (b) Notwithstanding any general or special law to the contrary, in a civil matter described
32in subsection (a), a court shall not enter, by stipulation or otherwise, an order that restricts the
33disclosure of information in a manner that conflicts with subsection (a).
34
35 (c) Notwithstanding subsections (a) and (b), a provision that shields the identity of the
36claimant/victim and all facts that could lead to the discovery of the claimant’s/victim’s identity,
37including pleadings filed in court, may be included within a settlement agreement at the written,
38informed request of the claimant/victim. This subsection shall not be construed to limit the right
39of the claimant/victim to disclose this information.
40
41 (d) Except as authorized by subsection (c), a provision within a settlement agreement that
42prevents the disclosure of factual information related to a claim described in subsection (a) that is
43entered into on or after the effective date of this Act is void as a matter of law and against public
44policy.
45
46 (e) With respect to agreements entered into before the effective date of this Act,
47disclosure by a claimant/victim of any information subject to a nondisclosure agreement that
48would be void as a matter of law and against public policy pursuant to this Act may not be used
49to invalidate the claimant’s/victim’s right to consideration under the agreement or to require the
50return of consideration that has already been provided to the claimant/victim.
51 4 of 5
52 (f) In determining the factual foundation of a cause of action for civil damages under
53subsection (a), a court may consider the pleadings and other papers in the record, or any other
54findings of the court.
55
56 (g) A claimant/victim shall be entitled to a trial by jury on any issue of fact in an action
57for damages. A prevailing claimant/victim shall be awarded reasonable attorney’s fees and costs.
58A person who enforces or attempts to enforce a provision that would be void as a matter of law
59and against public policy pursuant to this Act shall be liable for the claimant’s/victim’s
60reasonable attorney’s fees and costs.
61
62 (h) Notwithstanding any general or special law to the contrary, no public funds shall be
63expended for the purposes of settling a claim described in subsection (a) against a public
64employee.
65
66 (i) An attorney’s failure to comply with the requirements of this section by demanding
67that a provision be included in a settlement agreement that prevents the disclosure of factual
68information related to an action described in subsection (a) that is not otherwise authorized by
69subsection (c) as a condition of settlement, or advising a client to sign an agreement that includes
70such a provision, may be grounds for professional discipline and the Massachusetts Board of Bar
71Overseers shall investigate and take appropriate action in any such case brought to its attention.
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73 (j) The rights and remedies provided in this section are in addition to any other rights and
74remedies provided by law.
75
76 SECTION 2. This Act shall take effect immediately upon enactment.