Show Me the Money: The Applicability of Contract Law's Ratification and Tender-Back Doctrines to Title VII Releases

This Article seeks to remove this confusion and set forth the proper role (if any) for the common law contract doctrines of ratification and tender back with respect to a release of Title VII claims. Part II provides the background of these common law contract doctrines. Part III reviews the Supreme Court precedent on the application of the ratification and tender-back doctrines to the release of federal claims. Part IV reviews lower-court precedent on the application of these doctrines to the release of Title VII claims. Part V addresses whether Supreme Court precedent with respect to the application of the ratification and tender-back doctrines to other federal statutes compels a particular result regarding Title VII releases. Part VI discusses the competing policies and principles with respect to whether ratification and tender back should apply to Title VII releases. Lastly, Part VII demonstrates that ratification should apply to Title VII releases, but that the tender-back doctrine should be applied flexibly on a case-by-case basis.