Cite as: 522 U. S. 422 (1998)
Thomas, J., dissenting
in order to be considered "knowing and voluntary." The Court of Appeals held that petitioner had ratified a release of ADEA claims that did not comply with the OWBPA by retaining the benefits she had received in exchange for the release, even after she had become aware of the defect and had decided to sue respondent. The majority does not suggest that the Court of Appeals was incorrect in concluding that petitioner's conduct was sufficient to constitute ratification of the release. Instead, without so much as acknowledging the long-established principle that a statute "must 'speak directly' to the question addressed by the common law" in order to abrogate it, United States v. Texas, 507 U. S. 529, 534 (1993) (quoting Mobil Oil Corp. v. Higginbotham, 436 U. S. 618, 625 (1978)), the Court holds that the OWBPA abrogates both the common-law doctrine of ratification and the doctrine that a party must "tender back" consideration received under a release of legal claims before bringing suit. Because the OWBPA does not address either of these common-law doctrines at all, much less with the clarity necessary to abrogate them, I respectfully dissent.
It has long been established that " '[s]tatutes which invade the common law . . . are to be read with a presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident.' " United States v. Texas, supra, at 534 (quoting Isbrandtsen Co. v. Johnson, 343 U. S. 779, 783 (1952)). Congress is understood to legislate against a background of common-law principles, Astoria Fed. Sav. & Loan Assn. v. Solimino, 501 U. S. 104, 108 (1991), and thus "does not write upon a clean slate," United States v. Texas, supra, at 534. As a result, common-law doctrines " 'ought not to be deemed to be repealed, unless the language of a statute be clear and explicit for this purpose.' " Norfolk Redevelopment and Housing Authority v. Chesapeake & Potomac Telephone Co. of Va., 464 U. S. 30, 35-36 (1983) (quoting Fairfax's Devisee v. Hunt-er's Lessee, 7 Cranch 603, 623 (1813)).
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