Yesterday, the Sixth Circuit issued an order in EEOC v. Ford Motor Company granting rehearing en banc in the case and vacating the panel decision. As we previously explained, the divided panel decision carried significant repercussions for employers, and attracted significant attention across the country. The en banc review signals that the Court may change course on this issue, and it will likely be argued at the Court’s traditional December en banc hearing. Another interesting side note is that Judge McKeague dissented from the panel result, and as we noted at the last en banc hearing , Judge McKeague dissented in the last two cases that the Sixth Circuit heard en banc.