or remedies of any employee, former employee, or individual seeking employment under any Federal or State law, or under any collective bargaining agreement. (8) Liability Notwithstanding any other provision of law, an individual shall be immune from civil and criminal liability with respect to a disclosure by the individual if the individual would be protected from reprisal under subsection (a) for making the disclosure. The individual shall bear the burden of proving that the individual would be protected from reprisal under subsection (a) for making the disclosure. (d) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (1) Waiver of rights and remedies Except as provided under paragraph (3), the rights and remedies provided for in this section may not be waived by any public or private agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) Predispute arbitration agreements Except as provided under paragraph (3), no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section. (3) Exception for collective bargaining agreements Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agreement. (e) Requirement To post notice of rights and remedies Any non-Federal employer receiving covered funds shall post notice of the rights and remedies provided under this section. (f) Rules of construction (1) No implied authority to retaliate for non-protected disclosures Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination or other reprisal against an employee, a former employee, or an individual seeking employment for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee, former employee,