Workplace Fairness Files Amicus Curiae in Support of Dr. Cara Wessels Wells’ Supreme Court Petition Urging Title VII Protections for Unpaid Workers
July 11, 2025 — In an important show of support for workplace justice, Workplace Fairness, a leading national nonprofit fighting for the dignity and rights of all workers, filed an amicus curiae brief supporting Dr. Cara Wessel Wells in her civil rights Petition to the U.S. Supreme Court.
Dr. Wells, represented by Brewer, Attorneys & Counselors, is a scientist and entrepreneur who alleges she was pushed out of a Texas Tech University business accelerator after reporting sexual misconduct by her supervisor in the program, then denied Title VII protection because she wasn’t paid for her workplace contributions.
In June, Dr. Wells turned to the Supreme Court to urge it to declare what should be clear-federal civil rights laws protect all those who " work"- regardless of whether the compensation is money or other benefits. The Petition asks the Court to strike down the Fifth Circuit’s “remuneration” rule, which categorically excludes workers whose pay is not money from Title VII’s reach.
“The brief by Workplace Fairness powerfully underscores the critical issue at stake: denying Title VII protections to unpaid workers leaves countless individuals exposed to workplace harassment and retaliation without recourse,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors, and lead counsel to Dr. Wells. “Their advocacy reinforces our client’s position that the Supreme Court should close this gap and ensure that federal civil rights laws protect all workers — regardless of pay.”
“The remuneration rule creates an artificial barrier to civil rights protections — one that is at odds with both Title VII’s purpose and today’s workplace realities,” said William A. Brewer IV, partner at Brewer, Attorneys & Counselors, and counsel to Wells. “Civil rights should not hinge on compensation. We urge the Court to clarify the law on this important federal issue.”
Dr. Wells served as a mentor in Texas Tech University’s business accelerator program in 2022. After speaking out about alleged sexual misconduct, she was abruptly excluded from the program and subjected to retaliation. Because she did not receive a paycheck, the Fifth Circuit ruled she was not legally an “employee” under Title VII of the Civil Rights Act — stripping her of protection.
The Workplace Fairness brief warns that excluding such workers — interns, fellows, volunteers — from federal protections “creates a dangerous loophole.” The Fifth Circuit’s decision, it argues, “encourages employers to reclassify labor to avoid accountability,” subverting Title VII’s central purpose: eradicating workplace discrimination.
“This is a civil rights crisis. The uneven application of federal civil rights laws creates disparate impacts for similarly situated workers—an outcome that is clearly not just,” said Brewer III. “We applaud Workplace Fairness’ important recognition and advocacy of Dr. Wells’ petition and echo their call to the Court to weigh in on this critical issue.”
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Workplace Fairness Press Release