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High Impact

Massachusetts bill bans workplace nondisclosure agreements for harassment and discrimination and requires settlement transparency

Original title: An Act relative to nondisclosure agreements

Last action · November 4, 2025: Hearing rescheduled to 11/04/2025 from 01:00 PM-05:00 PM in A-1 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Would Do

Massachusetts prohibits settlement agreements and employment contracts from containing nondisclosure or s regarding workplace discrimination, harassment, sex offenses, and retaliation. The measure voids any such existing provisions, bans public funds from settling these claims against public employees, and requires all government settlement agreements to be posted publicly on the CTHRU financial platform.

Why it matters

Changes legal rules for Massachusetts employers and employees by making confidentiality clauses in workplace misconduct settlements legally void and unenforceable, while giving claimants the right to a jury trial, attorney's fees, and complete confidentiality of their own identity if requested.

Background
  • Bill H.10 originates from recommendations made by the State Auditor regarding nondisclosure agreements. context
  • Chapter 151B of the Massachusetts General Laws governs unlawful discrimination in employment, housing, and places of public accommodation. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Massachusetts employers

Employers are prohibited from including enforceable nondisclosure or non-disparagement clauses regarding workplace harassment, discrimination, or misconduct in settlements and employment contracts.

Directly affected

Employees and students in government entities

Directly affected

Claimants and victims of workplace misconduct

Victims gain the right to disclose workplace misconduct without losing settlement consideration, are entitled to a jury trial, can recover attorney's fees, and may request to shield their own identity.

Directly affected

Attorneys practicing in Massachusetts

Attorneys face professional discipline by the Board of Bar Overseers if they demand prohibited nondisclosure provisions or advise clients to sign agreements containing them.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can a victim still keep their own identity confidential in a settlement?
Yes. A claimant or victim may make a written, informed request to include a provision in the settlement agreement that shields their identity and all facts leading to the discovery of their identity.
Are existing nondisclosure agreements completely wiped out?
For agreements entered into after the effective date, confidentiality provisions regarding workplace misconduct are void. For prior agreements, victims who disclose information cannot have their compensation revoked or be forced to return money they already received.
What happens to government agencies that use nondisclosure clauses?
Governmental entities are expressly prohibited from including nondisclosure or s in employment conditions or settlement agreements with employees or students, and all their settlements must be posted publicly on CTHRU.
What penalties do attorneys face for writing forbidden nondisclosure agreements?
An attorney's failure to comply by demanding a prohibited disclosure restriction or advising a client to sign one can serve as grounds for professional discipline investigated by the Massachusetts Board of Bar Overseers.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently in committee. The next step in the legislative lifecycle is Floor Vote.

Procedural history

5 actions
  1. Nov 4, 2025Joint
    Hearing rescheduled to 11/04/2025 from 01:00 PM-05:00 PM in A-1 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>
  2. Nov 4, 2025Joint
    Hearing rescheduled to 11/04/2025 from 01:00 PM-02:30 PM in A-1 and Virtual<br> <span style="color: blue; font-style: italic;">Hearing updated to New End Time</span>
  3. Oct 29, 2025Joint
    Hearing scheduled for 11/04/2025 from 01:00 PM-05:00 PM in A-1
  4. Feb 27, 2025Senate
    Senate concurred
  5. Feb 27, 2025HouseCommittee
    Referred to the committee on The Judiciary

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Comprehensive Ban on Misconduct Secrecy

The legislation shifts state policy from permitting private confidentiality in workplace misconduct settlements to making such clauses entirely void and mandating open reporting for government settlements.

Connected Entities

Auditor of the Commonwealth, Office of the Comptroller, CTHRU and 1 more
OrganizationAuditor of the Commonwealth“State official recommending legislation relative to nondisclosure agreements.”Map →
OrganizationOffice of the Comptroller“State office administering CTHRU and compiling settlement records.”Map →
otherCTHRU“The Commonwealth's Financial Records Transparency Platform.”Map →
OrganizationMassachusetts Board of Bar Overseers“Board tasked with investigating attorneys who demand or advise clients to sign p”Map →

Sources

Open source document

malegislature.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy70
    Intensity of disagreement among stakeholders
  • Entertainment15
    Compellingness for a non-policy-wonk reader
  • Buzz65
    Current news / social attention level

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