Where a plaintiff alleging discrimination attempts to return the contractual consideration for an earlier waiver of the claim within a reasonable period of learning of their rights under the discrimination statute, the common-law tender-back rule is satisfied.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0171p-06.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.