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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO COMPLAINTS OF SEXUAL HARASSMENT AND OTHER FORMS OF DISCRIMINATION.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 5 of chapter 151B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 171, the words "six months" and inserting in place thereof the following words:- 300 days.

SECTION 2. Section 9 of said chapter 151B, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

This chapter shall be construed liberally for the accomplishment of its purposes, and any law inconsistent with any provision of this chapter shall not apply, but nothing contained in this chapter shall be deemed to repeal any provision of any other law of this commonwealth relating to discrimination; but, as to acts declared unlawful by section 4, the administrative procedure provided in this chapter under section 5 shall, while pending, be exclusive; and the final determination on the merits shall exclude any other civil action, based on the same grievance of the individual concerned.

SECTION 3. Section 1C of chapter 214 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 3 sentences:- The superior court shall have the jurisdiction to enforce this right and to award the damages and other relief provided in the third paragraph of section 9 of chapter 151B. Any such action shall be commenced in the superior court within the time allowed by said section 9 of said chapter 151B. No claim under this section that is also actionable under chapter 151B or chapter 151C shall be brought in superior court unless a complaint was timely filed with the Massachusetts commission against discrimination under said chapter 151B.

SECTION 4. Section 1 shall apply only to claims arising after the effective date of this act. Sections 2 and 3 shall apply to such claims and to claims pending on the effective date of this act.

Approved August 7, 2002.