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1. STATEMENT OF ISSUES siyned by the Massachusetts Commission Against Discrimination, prevents the MCAD from pursuing an administrative enforcement action in its own name to discover, remedy and deter discrimination. 2. Whether an arbitration agreement that has not been Where an employer threatens to terminate an employee unless she signs an arbitration agreement, does public policy void the agreement because the law prohibits threats, coercion and interference with respect to enjoyment of chapter 1518 rights. INTEWZST OF AMINS CURIAE The Massachusetts Employment Lawyers Association ("MELA") is a voluntary membership organization of over 145 lawyers who regularly represent employees in labor, employment and civil rights disputes in Massachusetts. MELA is an affiliate of the National Employment Lawyers Association ("NELA") , one of the largest organizations of attorneys in the United States (approximately 3,000 lawyers), whose members regularly represent employees and applicants with claims arising out of the workplace. MELA's members are active in advocating for the rights of employees before the executive, legislative and judicial branches. MELA has filed a sizable number of amicus curiae briefs in cases before the Appellate Courts of Massachusetts, including: St. Fleur v. WPZ Cable Sys/Mutron, 450 Mass. 345 (2008); Gasior v. Mass. Gen. I
Hosp., 446 Mass. 645 (2006); 3ash v. Dana-Farber .. Cancer Inst., 443 Mass. 367 (2005); Thomas v. ED1 Specialists, - Inc., 437 Mass. 536 (2002); and Weber v. Cmty. Teamwork, - Inc., 434 Mass. 761 (2001). The Massachusetts Conmission Against Discrimination ("MCAD") is the front line for enforcement of the Commonwealth' s anti-discriminati.on statutes. The MCAD' s caseload is diverse, and includes many pro se complainants, and cases brought by employees who simpxy do not have the financial capac,ity to retain lawyers. arbitration of these cases, and divesting the MCAD of jurisdiction, wi.11 result in a substantial reduction in the enforcement of our anti-discrimination laws. Compelling The MCAD's prosecutorial presence is crucial to support the Commonwealth's overriding public policy to prohibit discrimination. to take this activist role, as it is necessary to maintain public safety and welfare. MELA's members, lawyers who represent employees against more powerful, corporate entities, understand the pub1i.c policy disaster that will result if employers are permitted to avoid the scrutiny and enforcement powers of the MCAD through coerced, pre-dispute side-agreements. -_ The Legislature designed the MCAD 2
Page 1: COMMONWEALTH OF MASSACHUSETTS SUPRE
Page 4 and 5: - 11. MASSACHUSETTS PUBLIC POLICY I
Page 6 and 7: EEOC V. Waffle House, InC., 122 s.
Page 8 and 9: Wal.ker v. Lakewood, 272 F.3d 1114
Page 12 and 13: STATEMENT OF TAE CASE MELA adopts D
Page 14 and 15: undermining the many cases pursued
Page 16 and 17: ARmJmwr The Massachusetts Employmen
Page 18 and 19: MCAD to enforce the law and rectify
Page 20 and 21: Labor Comissioner serves simply as
Page 22 and 23: The Supreme Court held that the arb
Page 24 and 25: The MUD was established to enforce
Page 26 and 27: If the private parties agree to res
Page 28 and 29: case in suppori of the Complainant,
Page 30 and 31: Stonehill College, 141 Mass. at. 56
Page 32 and 33: comprehensive scheme to combat disc
Page 34 and 35: een imposed? Or otherwise assure th
Page 36 and 37: G. JOULE'S OTHER ARGUMENTS ARE OFF-
Page 38 and 39: to create a stumbling block. The tr
Page 40 and 41: Moreover, the MCAD wrote in its ami
Page 42 and 43: and remedy violations of the statut
Page 44 and 45: up the substantial right to seek ad
Page 46 and 47: 2. The Threat To Reject. Simmons' F
Page 48 and 49: Components, Inc., 548 F.2d 24, 26 (
Page 50 and 51: nursing home contract was ruled enf
Page 52 and 53: When an employer says, "waive your
Page 54 and 55: Vokovich, 720 F.2d 909, 925 (8th Ci
Page 56 and 57: coerced"). It is up to state law to

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