for Suffolk County - Mass Cases

2. The Threat To Reject. Simmons' For Failing To
Agrco To Mandatory Arbitration Constitutes
Threats, Coercion And Interference With Rights
In Violation Of Section 4 (4a)
Having established that the option of pursuing a
section 5 c1ai.m i.s a c. 1518 "right," it necessarily
follows that an employer's requirement, under threat of
rejection, that an employee or applicant prospectively
waives that right, constitutes a threat, coercion, or
interference with rights in violation of G.L. c. 151B, 5
4 (4A). It is only necessary to prove one of these elements
to demonstrate a violation of the Law. MELA will establish
the presence of interference, coercion and/or threats in
the following three sections.
a. Joule Unlawfully Coerced Simmons To - Obtain The
Release of Chapter 151B 5 5 Forum Rights
I
Tt i.s i.llegal "to coerce . . . another person in the
exercise or enjoyment of any right granted or protected by
[c. 15181 ." G.L. c. 151B, 5 4(4A). Simons was coerced
with respect to her rights, in the she was instructed to
waive her rights under the threat of termination
(indus.tr.ial capital. punishment). Simmons signed the
agreement after she was informed in writing that, "I will
not bo offered employment until I sign and return this
agreement," and after being informed verbally that she had
to sign if she wanted to work there. App. 68, 78.
Coercion is "the application to another of such force,
either physical. or moral, as to constrain him to do against
his will something he would not otherwise have done."
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