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Can Title VII override the employment environment and conditions detailed in a written employment contract between an employer and an employee? Why or why not?

2006-12-17 13:12:07 · 1 answers · asked by shusha 1 in Politics & Government Law & Ethics

1 answers

Title VII of the US Code is the law of the land, and under the
so called "Supremacy Clause" it trumps any state law or any other action that contradicts it in any way. So, if the employment contract in question contradicts a federal law by trying to tale away some federally protected right, the contract could be held
as substatively illegal, and of no force and effect.
In other words, the states and employers can generally give the citizens and employees more rights, they just cant give them less.
It may be argued that a person may agree to a contract that is
unfair, as long as they receive something from it, freely bargained for under the so called Peppercorn theory, but it is
generally held that substantively illegal contracts cant be agreed to, since this would be contrary to public policy.
so called Peppercorn theory

2006-12-17 13:23:10 · answer #1 · answered by Jeffrey V 4 · 0 0

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