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The full case caption appears at the end of this opinion.

Diane P. Wood, Circuit Judge. Craig Pennworked as a server at Ryan’s Family SteakHouses (Ryan’s) in Fort Wayne, Indiana,from 1996 until 1998. After he was fired,he filed this suit under the Americanswith Disabilities Act (ADA) alleging thathe had been subjected to a hostile workenvironment at Ryan’s and that he wasfired in retaliation for his complaintsabout the harassment. In the districtcourt, Ryan’s filed a motion seeking tostay the case and compel arbitration,alleging that Penn was bound by anarbitration agreement he signed when heapplied for his job at Ryan’s. Thedistrict court found that the arbitrationagreement Penn signed would create anarbitration panel that was biased infavor of Ryan’s. In addition, the courtfound that Penn had not made a knowingand voluntary waiver of his right to ajudicial forum for his dispute, anomission the court found fatal to thecompany’s effort to enforce theagreement. For these reasons, thedistrict court denied the motion Ryan’shad filed. Ryan’s brought aninterlocutory appeal of that orderpursuant to 9 U.S.C. sec. 16(a) (1)(A) &(B). We agree with the district courtthat the arbitration contract Penn signedis unenforceable, although we reach thatconclusion for different reasons.

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