The 2022 amendment to the FAA exempting from its enforcement of arbitration agreements pre-dispute agreements to arbitrate sexual assault or harassment claims does not apply retroactively to suites filed before the amendment’s effective date.  Nevertheless, arbitration should not have been compelled here because the agreement is unconscionable.  Procedurally, the employer did not disclose at the time of agreement which arbitration provider would be used or under which rules arbitration would proceed–or even when it would decide those questions.  The arbitration agreement also did not specify where the arbitration would be held.  The arbitration agreement was also substantively unconscionable in limiting the employee’s discovery, Also, the agreement provided for arbitration of all claims an employee was likely to bring, but not all of the employer’s likely claims.  It also limited the time and number of witnesses at the arbitration hearing and contained a confidentiality clause.