SECTION 1. Section 4 of chapter 151B of the General Laws is hereby amended by striking out subsection 16A and inserting in place thereof the following:-

16A. For an employer, personally or through its agents, to sexually harass any employee; or to retaliate, personally or through its agents, against any employee for filing a complaint of sexual harassment or discrimination based on sex, gender identity or sexual orientation or for cooperating in an investigation of a complaint of sexual harassment or discrimination based on sex, gender identity or sexual orientation, including, but not limited to, by termination, suspension, demotion or reduction in the compensation or benefits of the employee; or to require, as a condition of employment, continuing employment, promotion, compensation or the receipt of benefits, entering into an agreement that contains a nondisclosure or confidentiality provision (except as may be necessary to protect business intellectual property and trade secrets), a non-disparagement provision, a restriction on reporting sexual harassment or discrimination based on sex, gender identity or sexual orientation or participating in the investigation of a report of sexual harassment or discrimination based on sex, gender identity or sexual orientation, or a waiver of any rights or remedies available under law with respect to claims filed or that may be filed in a civil action or complaints filed or that may be filed in an administrative action for sexual harassment or discrimination based on sex, gender identity or sexual orientation.