Supreme Court Petition Challenges Federal Rule That Denies Civil Rights to Millions of Unpaid Workers
June 6, 2025 — In a direct challenge to what critics call a "legal loophole," through which numerous meritorious claims have fallen, Dr. Cara Wessels Wells petitioned the U.S. Supreme Court to extend Title VII protections to unpaid workers – potentially reshaping civil rights law.
Wells, a scientist and entrepreneur, alleges she was subjected to sexual harassment, retaliation, and abrupt exclusion from Texas Tech University’s business accelerator program – where she served as a mentor – after speaking out about the misconduct. The district court and the Fifth Circuit Court of Appeals ruled she was not legally an “employee” because her work in 2022 was unpaid.
At the heart of her petition is a challenge to the Fifth Circuit’s application of the “threshold-remuneration” test, a rigid rule that categorically bars unpaid workers from Title VII protection. The petition argues that the rule contradicts both the text and intent of federal civil rights law and is inconsistent with how several other circuits treat unpaid employment relationships.
In the petition, received by the Court on June 4, 2025, Wells warns of the national consequences of the current circuit split:
“An unpaid volunteer firefighter in Tennessee (Sixth Circuit) may be able to prove she is an employee and hold her harasser accountable under Title VII, whereas her counterpart just across state lines in Mississippi (Fifth Circuit) could be categorically denied any recourse... Such an outcome is intolerable under a comprehensive federal civil rights statute and demands this Court’s intervention.”
Brewer partner and lead counsel for Wells, William A. Brewer III, says, “Protection from discrimination in the workplace should not hinge on whether or not you happen to draw a paycheck. The Fifth Circuit has turned Title VII into a privilege for the paid, not a right for the working.”
Wells filed her original complaint in March 2023, claiming she was subjected to years of sexual harassment and degradation at Texas Tech, and then denied compensation and patent royalties to which she was entitled. In the complaint, Wells describes the inner workings of a hierarchical system where TTU professors Dr. Samuel Prien and Dr. Lindsay Penrose allegedly took credit for her work, subjected her to harassment and humiliation, and retaliated when she complained to school leadership. Thereafter, the University shielded the professors from accountability.
While the Second, Fifth, and other circuits require financial compensation as a threshold for employment protection, the Sixth and Ninth Circuits instead apply a common-law agency test, examining the relationship’s totality. Wells' petition urges the Supreme Court to resolve this doctrinal rift and affirm that Title VII’s protections extend to those whose roles may be unpaid but whose labor is real.
Wells’ case is particularly timely given the prevalence of unpaid labor in internships, academic research, startups, and public service. Legal scholars call the remuneration rule “unduly rigid” and warn it leaves millions of non-traditional workers without recourse when harmed.
The Supreme Court is expected to decide later this year whether to take up the case.
Joining Mr. Brewer in representing Wells is Brewer partner Will Brewer IV and attorneys Jed Sexton and Lucia (Lucy) Arbor.
Star-Telegram Reports Keller ISD Drops Controversial Plan, VRA Lawsuit Continues
March 14, 2025 - The Fort Worth Star-Telegram reports that while the Keller Independent School District board no longer is considering splitting the district, a voting rights lawsuit against the district will continue.
The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments.
Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.
Brewer Storefront Partner William Brewer told the Star-Telegram that the Voting Rights Act lawsuit challenging the at large election system used to elect school board trustees will go forward.
“We are pleased that Keller ISD — in the face of the legal action taken by our client — reconsidered splitting the district,” Brewer said. “Of course, our client will press forward with his Voting Rights Act lawsuit against Keller ISD and continue to shine a light on actions detrimental to the district’s academic mission.”
Read more here.
Lawsuit Claims Keller ISD Electoral System Violates Voting Rights Act of 1965
February 15, 2025 - The Brewer Storefront filed suit in federal court on behalf of plaintiff Claudio Vallejo against the Keller Independent School District (KISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 because it denies fair representation to Hispanic voters. The lawsuit further alleges violations of the Fourteenth and Fifteenth Amendments.
Filed in the United States District Court for the Northern District of Texas, Fort Worth Division, on February 14, 2025, the lawsuit takes aim at the school district’s at-large voting system which denies Hispanic voters an opportunity to elect school board representatives of their choosing. The Storefront is the community impact legal affiliate of Brewer, Attorneys & Counselors.
As of the 2023-24 school year, KISD was a majority-minority school district, enrolling 33,250 students, of whom nearly 25% are Hispanic.
Yet, all seven of the board members are white and non-Hispanic. The complaint cites three Hispanic and Spanish surname candidates who ran for the board in recent years—and lost. The complaint states that Hispanic teachers are underrepresented among KISD faculty, with 14% of teachers being Hispanic compared to a quarter of students who are Hispanic. Additionally, the interim superintendent and all five current assistant superintendents are white.
“The at-large election system used by Keller ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who would best represent the needs of the majority of children who attend schools in KISD," says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Vallejo, a parent of KISD students.
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area. The lawsuit requests a new election system complying with the Voting Rights Act and Constitution, including a cumulative voting system and a shift to on-cycle elections. A cumulative voting system, included in the Texas Education Code, enables each voter to cast a number of ballots, for any one or more candidates in the manner of their choosing, equal to the number of positions to be filled at the election.
As the complaint states, a significant achievement gap exists within KISD schools. On the 2024 STAAR exams, while 69% of the white students met grade level, only 51% of the Hispanic students and 40% of the African American students met grade level.
A current proposal is under consideration that would split the district in half, breaking off the more diverse west side in which Vallejo resides, would increase segregation, and leave a predominantly white and affluent Keller ISD to the east situated in Keller proper. Currently, five of seven trustees reside on the East Side of the district within the Keller High School feeder pattern.
The lawsuit says, “From the outside looking in, KISD portrays itself as a premier public school district lauded for its commitment to academic excellence and student success. Families move to the district attendance area in pursuit of high-quality education, believing KISD to be a model of opportunity and fairness. However, for Mr. Vallejo, a long-time resident and invested parent, this image is far from reality.”
The son of Mexican immigrants, Vallejo deeply values the importance of education and received a bachelor’s degree in advertising with a minor in business administration from The University of Texas at Arlington. He is personally invested in KISD and currently has a son in fourth grade and a daughter in first grade at KISD’s Bette Perot Elementary School. He specifically moved into the district boundaries and bought a home in Fort Worth in 2021, so his children could attend KISD – now at risk due to the proposal to split the district in two.
“I am bringing this lawsuit to improve political opportunity for local voters, and to help ensure that every child, school, and section of the community is represented,” Vallejo says. “The current controversy over potentially splitting the school district brings to light the underrepresentation of diverse voices on our board.”
The lawsuit further describes that, “The consequences of this systemic imbalance have been stark. The Board’s recent actions – particularly its rushed contemplation of detachment – represent an unprecedented departure from established procedures, while disregarding community input in a way that makes clear the at-large system has produced a Board indifferent to the interest of residents like Plaintiff. The result is not only a threat to the educational opportunities Plaintiff fought to secure for his children but also a direct attack on the value of his home and his stake in the District’s future.”
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.
The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
Fort Worth Star-Telegram Reports on Voting Rights Lawsuit Against Keller ISD
February 14, 2025 – The Fort Worth Star-Telegram reports that Brewer Storefront filed a lawsuit against the Keller Independent School District (KISD) in federal court on behalf of plaintiff and Keller parent Claudio Vallejo, alleging that the district's at-large election system violates the Voting Rights Act of 1965.
The article states that the at-large electoral system dilutes the votes of minority voters, particularly Hispanic voters. The report also referred to the current "uproar" over a proposal to split Keller ISD in half, seeking to separate the relative more affluent and white east side from the less affluent, more racially diverse west side. Five of Keller's seven board members reside on the east side.
Attorney William A. Brewer III, partner at Brewer Storefront and lead counsel for Vallejo, provided a statement to the Star-Telegram: “The at-large election system used by Keller ISD dilutes the votes of the significant number of Hispanic citizens. Given the racial polarization that exists, white voters are able to block Hispanic voters from electing school board candidates of their choosing — those who would best represent their schools, children and community. As the controversial proposal to split the district in two underscores, the consequence of the at-large voting scheme is a collection of white trustees who are out of touch with the needs of the majority of the children who attend KISD schools.”
Read more here.
Let's Applaud the Mississippi Court for Confirming Private Right of Action in Voting Rights Act Cases
July 11, 2024 - Brewer Storefront applauds a three-judge panel in the U.S. District Court for the Southern District of Mississippi for upholding a private right of action to sue under Section 2 of the Voting Rights Act in Mississippi State Conference of the NAACP v. State Board of Election Commissioners.
The Storefront is the community service affiliate of the law firm, Brewer, Attorneys & Counselors. The Storefront recently launched the Texas Voting Rights Initiative (TVRI).
The Mississippi judges ruled in favor of the NAACP and numerous Black voters in a case concerning Republican-drawn state legislative maps. The court properly noted that “few congressional enactments have had a more profound effect on the country than the Voting Rights Act of 1965, and a large percentage of the enforcement actions under the Voting Rights Act have been brought by private individuals…”
Mississippi falls within the Fifth Circuit Court of Appeals, which also covers Texas. Importantly, the Fifth Circuit has held that Section 2 of the Voting Rights Act does provide a private right of action, and this Mississippi three-judge panel embraces the wisdom of that holding. This right of action has been acknowledged in hundreds of cases at the federal district level, and many times at the Supreme Court.
“The Mississippi court should be commended for validating that individuals may continue to serve as plaintiffs in Voting Rights Act cases,” Storefront Partner William A. Brewer III said. “It is critical that Black voters and other voters of color be empowered to challenge discriminatory election systems where they exist. Otherwise, these voters will be silenced and their rights suppressed.”
Late last year, a three-judge panel in the Eighth Circuit Court of Appeals found in a 2-1 decision in a redistricting case filed in Arkansas that only the federal government can bring a Section 2 voting rights challenge. That case was brought by the Arkansas State Conference NAACP and others.
“Unfortunately, judges in the Eighth Circuit removed the rights of individual voters in those seven states to bring lawsuits asserting their voting rights,” Brewer said. “We believe the private right of action should ultimately be restored in order to continue to ensure that voters of color in the United States are guaranteed a fair opportunity to elect candidates of their choosing.”
The Storefront has brought many successful voting rights cases on behalf of private individual plaintiffs; these cases spur election reform in districts across Texas and help minority communities elect the officials they choose to numerous school boards and city councils.
In March 2024, Brewer Storefront launched the Texas Voting Rights Initiative (TVRI), a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront currently has pending cases challenging at-largeelection systems used to elect school boards in the Pearland Independent School District, Humble Independent School District, and Angleton Independent School District in Texas.
Houston Chronicle Reports on Voting Rights Lawsuit Against Angleton ISD
June 27, 2024 – The Houston Chronicle reports that Brewer Storefront filed a lawsuit on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that it is violating the Voting Rights Act of 1965 and denying fair representation to Hispanic voters by using an at-large election system to elect trustees.
The article notes that Brewer Storefront is the advocacy arm of Brewer, Attorneys & Counselors. In a statement, William A. Brewer III, founder and partner at Brewer Storefront, said the at-large election system used by the district denies Hispanic voters a fair opportunity to elect school board candidates of their choosing.
“Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District," Brewer said in a statement.
As reported, the lawsuit points to a lack of diversity among Angleton ISD’s school board and teachers, and an achievement gap between white and Hispanic students. The article reports that the lawsuit says that based on the district’s demographics, there should be at least one Hispanic board member. Jaso, a Mexican American, ran for Position 6 on the school board in May 2021 and lost to a white candidate.
"Hispanic candidates who run for the Board are disadvantaged due to the at-large voting system, which illegally dilutes the votes of ethnic minorities," the lawsuit reads. "Hispanic children, who are the majority of AISD students, are failed by this system and the Board."
To read more, click here.
Lawsuit Claims Angleton ISD Electoral System Violates Voting Rights Act of 1965, Harming Academic Outcomes for Hispanic Students
Dallas, Texas…June 26, 2024 – Brewer Storefront filed suit in federal court today on behalf of plaintiff Laura Jaso against the Angleton Independent School District (AISD), alleging that the school district’s election system violates Section 2 of the Voting Rights Act of 1965 and denies fair representation to Hispanic voters. The filing is part of the Texas Voting Rights Initiative (TVRI) and a broader effort to address voting rights and systemic inequality in educational outcomes in Texas public schools.
Angleton is located about an hour south of Houston. Filed in the United States District Court for the Southern District of Texas, Galveston Division, the lawsuit claims that the school district’s at-large voting system denies Hispanic voters a fair opportunity to elect school board representatives of their choosing. The Storefront is the community service legal affiliate of Brewer, Attorneys & Counselors.
As the complaint states, an alarming achievement gap exists within AISD schools. Although nearly 60% of white students met grade level across all subjects and grades tested in 2022-23, only 46% of Hispanic students, 39% of African American students, and 40% of English Learners met grade level.
The complaint states that, “This persistent gap highlights unequal educational outcomes, with students of color and economically disadvantaged students lagging behind their white peers on academic measures tracked by the Texas Education Agency. Meanwhile, white students are set up for success by the majority white Board and the white superintendent.”
As the complaint alleges, none of this is a surprise. Hispanic children are also disproportionately assigned to a high enrollment elementary school, Westside Elementary School. In 2022-23, almost 76% of Westside students were Hispanic. The school enrolled 1,003 students – far higher than any of the district’s other elementary schools, which ranged in enrollment from 313 to 528 students—many with significantly higher expenditures per student than at Westside.
The lawsuit alleges that – based on the district’s demographics –one would expect that at least one Latino board member could be elected. Yet, none of the seven board members are Hispanic, and five are white. The complaint cites Hispanic candidates who ran for the board in recent years—and lost— including plaintiff. Jaso—a Mexican American—ran for Position 6 on the AISD Board of Trustees in May 2021 and lost to a white candidate.
“The at-large election system used by Angleton ISD denies Hispanic voters a fair opportunity to elect school board candidates of their choosing – those who reflect their educational priorities,” says William A. Brewer III, partner at Brewer Storefront and lead counsel for plaintiff Laura Jaso. “The suit seeks the court-ordered adoption of a single member district voting system to ensure political opportunity to Hispanic voters.”
Brewer added, “Obviously, change is needed to address the needs of Hispanic children attending Angleton ISD schools, and to position the parents to address academic outcomes for the students being failed by the District. It is shameful that so many Hispanic students are being funneled to an overcrowded elementary school, where many are not being educated to grade level.”
In March 2024, Brewer Storefront launched the TVRI, a statewide effort focused on ensuring that Texas school boards operate in compliance with the Voting Rights Act. The Storefront undertook an extensive analysis of voting systems across Texas and believes that many operate in violation of the VRA.
The Storefront sent warning letters to 11 school districts on March 6, including Angleton ISD, advising that it is violating Section 2 of the VRA. The letter requests that the school board adopt a single member district system that includes at least one district in which the Hispanic citizen voting age population (CVAP) comprises a majority. This is the second lawsuit brought under the TVRI initiative; Brewer Storefront filed a voting rights lawsuit against Humble Independent School District on May 9, 2024.
“The school district, through the lawyers, is defending the current at-large system that disenfranchises Hispanic voters,” Brewer said. “The school board is clinging to an antiquated electoral system that does not reflect the demographics of the community or the needs of its students.”
As of the 2022-23 school year, AISD enrolls about 7,000 students. Students of color comprise more than 67% of the AISD student body, and 51.5% of students are Hispanic.
Under the current electoral system, school board members are elected at large. Candidates run for “places” but do not represent any specific geographic area.
The lawsuit alleges that, “The AISD’s Hispanic population is sufficiently numerous and geographically compact to allow for the creation of at least one single-member electoral district in which the Hispanic population would constitute a majority of the total population and the CVAP.”
The lawsuit continues, “Further, Hispanic voters are politically cohesive, and elections for the Board at issue reflect a clear pattern of racially polarized voting that allows the bloc of white voters to usually defeat the Hispanic community’s preferred candidate.”
Jaso received a master’s degree in engineering from The University of Alabama and a bachelor’s degree in applied technology from Brazosport College. Her eldest daughter attended AISD schools.
“I am bringing this lawsuit because I feel that the leadership of Angleton ISD does not value the priorities and concerns of the Hispanic community,” Jaso said. “The entire community benefits when the electoral process is inclusive and reflective of those it serves. Equal and fair representation is the cornerstone to growth and prosperity in our education system.”
The Storefront has successfully challenged violations of the Voting Rights Act on behalf of other communities of interest in previous actions.
The Storefront successfully resolved Voting Rights Act cases with the Lewisville Independent School District in 2023, Richardson Independent School District in January 2019, the Carrollton-Farmers Branch Independent School District in 2015, and the Grand Prairie Independent School District in 2014. All districts now utilize remodeled voting systems. The Storefront also secured trial victories in Voting Rights Act cases against the Irving Independent School District in 2014, the City of Farmers Branch in 2012, and the City of Irving in 2009. Those lawsuits paved the way for the formation of new voting systems and the election of minority candidates.
About Brewer Storefront, PLLC:
Brewer Storefront is the community-service legal affiliate of the national litigation firm of Brewer, Attorneys & Counselors with offices in Dallas and New York. Founded in 1995, the Brewer Storefront tackles local and national issues, providing legal assistance to a wide range of individuals, business and community entities in need. The Texas Voting Rights Initiative (TVRI) is a Storefront initiative. Visit www.texasvotingrights.com.
Contact: Katherine Leal Unmuth on behalf of the Brewer Storefront
Phone: 214.653.4832
E-mail: kunmuth@brewerattorneys.com
Houston Landing Reports on Humble ISD Voting Rights Action
May 9, 2024 – Houston Landing reports on a Voting Rights Act lawsuit filed by Brewer Storefront on behalf of plaintiff Judith Bautista against the Humble Independent School District on Thursday, alleging the election system violates the VRA by preventing Hispanic voters from electing their preferred school board candidates. The lawsuit was filed as part of the Storefront’s recently announced Texas Voting Rights Initiative (TVRI).
Houston Landing reports that the lawsuit was brought by Bautista, a former Spanish teacher in the district. There are currently no Hispanic trustees on the board.
“Regrettably, the diverse ethnic and racial makeup of Humble ISD is not reflected in its elected Board of Trustees — who live in a cluster in the predominantly white (and higher income) areas within Humble ISD,” the lawsuit states.
The Landing reports that the suit seeks as a remedy for the court to mandate that Humble ISD adopted “single member districts.” The article mentions that the lack of Hispanic representation contributes to the district’s “achievement gap” between students of color and white students.
Read the Houston Landing report here.