The Fifth Circuit has granted an en banc hearing request concerning a same sex discrimination case. In the lower court, a jury found in favor of the employee regarding a same sex discrimination case. On appeal, the Fifth Circuit vacated the jury result and found in favor of the employer. Now, on additional appeal, the entire panel of the Fifth Circuit will consider the case.
En banc hearings are rare. In a normal appeal to the Fifth Circuit, a three judge panel hears the case. three judges out of the some 15 total judges on the Fifth Circuit. in an en banc hearing, all of the some 15 judges will now hear the appeal. That does not mean the initial decision of the Fifth Circuit will be reversed. But, that could happen.
Same sex discrimination cases are rare. There is no statute like Title VII that expressly protects gay persons from discrimination. See the decision here.