Can Texas Employment Disputes Be Resolved Through Mediation?
Direct Answer
Yes. Texas employment disputes can be mediated through the Texas Workforce Commission, the EEOC, court ADR programs, or private mediation.
Yes. Employment disputes in Texas can be mediated at multiple stages. The Texas Workforce Commission (TWC) Civil Rights Division handles complaints under the Texas Labor Code Chapter 21, which prohibits employment discrimination on the basis of race, color, national origin, sex, religion, disability, and age. The TWC offers a free mediation program for charges filed with the Commission before investigation. If the charge is cross-filed with the EEOC, the EEOC's mediation program is also available. Once a right-to-sue letter is issued and a civil action is filed in district court, the case is subject to the court's ADR referral program under CPRC $154.021. Texas does not have a state equivalent of the NLRA for private sector employees, so collective bargaining and union-related disputes are governed by federal law. Texas is an at-will employment state, which affects the leverage dynamics in employment mediation — employees generally have a narrower range of claims than in states with more protective employment laws. However, Texas's Whistleblower Act (Government Code $554.001) and the Texas Payday Law (Labor Code §61.001) provide additional claims that are frequently mediated. Non-compete agreement disputes are also commonly mediated in Texas, governed by the Texas Covenants Not to Compete Act (Business & Commerce Code $15.50).