Activists looking to eliminate the sub-minimum wage for tipped employees — a practice that they say keeps workers in poverty, encourages sexual harassment and leads to racial discrimination — are taking a new approach in their campaign to end the two-tiered wage system in America: They’re arguing the lower tipped wage, sometimes as little as $2.13 an hour, violates the Civil Rights Act of 1964.

While restaurant owners around the country beg lawmakers to offer them financial relief and assistance to comply with legally mandated orders to temporarily close their dining rooms in an effort to prevent the spread of coronavirus, only a few national chains are doing anything to ensure all of their hourly workers physically and economically survive the pandemic.