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HOUSE DOCKET, NO. 2482 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1870
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michelle M. DuBois
_________________
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 relative to non-disclosure agreements relating to a claim of discrimination, non-payment
of wages or benefits, retaliation, harassment or violation of public policy in employment.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/19/2023 1 of 3
HOUSE DOCKET, NO. 2482 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1870
By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1870) of
Michelle M. DuBois relative to non-disclosure agreements relating to a claim of discrimination,
non-payment of wages or benefits, retaliation, harassment or violation of public policy in
employment. Labor and Workforce Development.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1967 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to non-disclosure agreements relating to a claim of discrimination, non-payment
of wages or benefits, retaliation, harassment or violation of public policy in employment.
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 149 of the General Laws, as appearing in the 2020 Official Edition
2is hereby amended by adding the following section:-
3 Section 204. (a) For the purposes of this section, the following terms shall have the
4following meanings, unless the context clearly requires otherwise:-
5 “Retaliatory action”, the discharge, suspension, or demotion of an employee, or other
6adverse employment action taken against an employee in the terms and conditions of
7employment. 2 of 3
8 (b) Any provision in a settlement agreement between an employer and an employee,
9including but not limited to a non-disclosure agreement, that waives a substantive or procedural
10right or remedy of the employee relating to a claim of discrimination, non-payment of wages or
11benefits, retaliation, harassment or violation of public policy in employment, including but not
12limited to prohibiting the disclosure of information relative to any such claim shall be valid and
13enforceable for only 3 years from the date the agreement takes effect.
14 (c) This section shall not render void or unenforceable the remainder of the contract or
15agreement. This section shall not apply to the terms of any collective bargaining agreement
16between an employer and the bona fide collective bargaining representative of that employer’s
17employees.
18 (d) An employer shall not take any retaliatory action against an employee because the
19employee does not enter into an agreement that includes a provision deemed void or
20unenforceable pursuant to this section.
21 (g) Whoever violates this section or enforces or attempts to enforce a provision deemed
22void and unenforceable under this section shall be liable for reasonable attorney’s fees and costs
23associated with litigation.
24 (h) A person aggrieved by a violation of this section may, within 3 years after such
25violation, institute a civil action in superior court. All remedies available in common law tort
26actions shall be available to prevailing plaintiffs. The court may also order the payment of
27reasonable costs and attorney’s fees. The rights and remedies contained in this section shall not
28be exclusive and shall not preempt other procedures or remedies available. 3 of 3
29 SECTION 2. This act shall apply to all settlement agreements, including but not limited
30to non-disclosure agreements, entered into, renewed, modified, or amended on or after the
31effective date of this act.