Workplace Fairness submitted an amicus brief in Wells v. Texas Tech University to support Dr. Cara Wessels Wells in her pursuit of justice before the U.S. Supreme Court, underscoring a critical point: civil rights protections in the workplace must apply to all workers, paid or unpaid.

In this case, Dr. Wells alleges she was retaliated against after reporting sexual misconduct while serving in an unpaid mentorship role at Texas Tech University. The Fifth Circuit ruled that because she did not receive compensation, she was not entitled to protection under Title VII of the Civil Rights Act of 1964. We believe this interpretation is dangerously narrow and inconsistent with both the language and intent of the law.

“No one should lose their civil rights simply because they worked without a paycheck,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Title VII says ‘any individual,’ and that must include interns, volunteers, fellows, and others performing real labor in real workplaces.”

Across the country, unpaid workers are often in vulnerable positions with little institutional power. Research shows that up to 43% of interns experience harassment or discrimination, yet many have no legal recourse because they are unpaid. Unpaid internships, in particular, have been criticized for reinforcing systemic inequities and allowing organizations to exploit labor.

“At a time when economic justice is central to the national conversation, we must close the loopholes that deny protection to the very people who need it most,” added Ndjatou. “This case is not just about one person. It’s about a fairer, more inclusive future of work.”

The Supreme Court has a chance to resolve a troubling circuit split that leaves millions of unpaid workers subject to discrimination without remedy, depending solely on where they live. We urge the Court to grant certiorari and affirm that Title VII’s civil rights protections cannot be contingent on compensation.

Edgar Ndjatou is available for comment on this amicus brief and other topics related to workers’ rights.

Thank you to Gregg Greenberg of Zipin, Amster & Greenberg for serving as Counsel of Record on the brief. For more information on your rights as a worker, head to WorkplaceFairness.org.