Footnote 280

Wariness of participating in a voluntary program on account of fear of bias can affect the employer as well. Significantly, employers have displayed increasing reluctance to participate in EEOC mediations--especially with internal mediators. See Swendiman, supra note 157, at 405-06; see also Silberman et al., supra note 139, at 1556-57 (noting that in the EEOC pilot program, Apr. 1, 1993-Mar. 31, 1994, only 39% of employers accepted mediation-- as compared with 87% of charging parties); Swendiman, supra note 157, at 399 (recording that in Oct. 1999, 36% of employers and 81% of charging parties agreed to mediate); Dominguez Reports Drop, supra note 158, at 473 (reporting that in FY 2002, 30% of employers and 83% of charging parties agreed to mediate).