Law360: SCOTUS Leaves Title VII Split on Unpaid Workers
October 6, 2025 – Law360 reports today that the Supreme Court declined to review Wells v. Texas Tech University, leaving unresolved an important question in civil rights law: whether unpaid workers are protected from discrimination and harassment under Title VII of the Civil Rights Act.
Dr. Wells alleged that Texas Tech professors Samuel Prien and Lindsay Penrose sexually harassed and bullied her during her time as a student and research assistant, and later retaliated by undermining her startups and having her removed as a mentor in 2022. She also claimed that Prien misused her companies’ confidential data and deprived her of royalties by licensing related patents without consent.
The district court dismissed her case in 2024, and the Fifth Circuit affirmed in 2025, finding that unpaid mentors lacked the protections of Title VII.
Dr. Wells’ petition asked the Court to reconcile conflicting federal rulings that determine who qualifies as an “employee” under Title VII. In some jurisdictions, unpaid interns, researchers, and volunteers can seek redress for harassment and retaliation; in others, they cannot.
Although the Court’s decision leaves this disparity intact, Dr. Wells’ case brought national attention to the millions who perform meaningful work without pay – and to the urgent need for reform that ensures all workers, paid or unpaid, enjoy equal dignity under the law.
William A. Brewer III, counsel for Wells, said in a statement to Law360 that his client “is appalled that the Supreme Court declined review for herself and the many others who are left unprotected.”
He said, “Title VII protections must extend to unpaid workers. Dr. Wells’ stand against Texas Tech gave voice to millions of unpaid workers. Her efforts underscore a problem that must be remedied.”
Read more: https://www.law360.com/articles/2396307/justices-skip-unpaid-texas-tech-mentor-s-retaliation-suit