for Suffolk County - Mass Cases

to the employment relationship. Simmons' option to pursue
charges of discrimination using the MCAD forum has beer)
determiried by this Court to const-i.tute a c. 151B "right."
Joulk's insistence that Simmons sign away that right, under
threat of termination, constitutes threats, coercion, and
interference with enjoyment of rights.
squarely violates. G.L. c. 151B, 5 4(4A). Public policy
demands t.hat LJoule not get the benefit of its illegally
obtained agreement. (32-42) .
Such conduct
A third sourcc of public policy i s represented by the
common law skepticism of prospective waivers of civil
rights.
Such pre-dispute waivers take away the deterrent
value of our rules, and constitute an invitation to
lawlessness. Furthermore, such prospective waiver cuts
against our notions of fairness. For example, could a
state require a citizen to waive their Miranda rights
prospectively, for the rest of thejr lives, in return for a
student loan? Marly cases demonstrate resistance to pre-
dispute waivers of rights. (42-44).
The Federal. Arbitration Act dues not preempt a state
rule that refuses to enforce prospective waivers of c. 1518
rights, where the waiver is obtained through threats and
intimidation.
The FAA does nat protect coerced agreements,
and states are permitted to regulate what constitutes
coercion, so I.ong as arbitration agreements are subject to
the same standards as other agreements. (44-46)
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