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Cara Wessels Wells v. Texas Tech University, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-10518 · judgment March 3, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Respondents, a public research university and two of its employees, allegedly discriminated against Petitioner because of her sex while she was a student, graduate student, and Mentor at Respondent university from 2009 to 2022. App. 89, 130. The Fifth Circuit held that Petitioner was an employee only during her graduate studies, which ended in 2017. App. 12. In holding that she was not an employee for purposes of Title VII thereafter, the Court applied a strict standard requiring remuneration. App. 10-11. The Court then reasoned that her claims, which arose from misconduct ending prior to the applicable 300- day deadline, were time-barred. App. 10. Accordingly, the question presented is: 1. Does an unpaid position qualify someone to be an “employee” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(f)?

Counsel of record

For petitioner
William Andrew Brewer III
Brewer Attorneys & Counselors

For respondent
Kimberly Gdula
Texas Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 16 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 07 2025
    Brief amicus curiae of Workplace Fairness filed.
  4. Jul 07 2025
    Waiver of right of respondent Texas Tech University et al. to respond filed.
  5. Jun 02 2025
    Petition for a writ of certiorari filed. (Response due July 7, 2025)