REVISED 03/28/13 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals Fifth Circuit FOR THE FIFTH CIRCUIT FILED _____________________ March 27, 2013 No. 11-30770 Lyle W. Cayce _____________________ Clerk EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee vs. BOH BROTHERS CONSTRUCTION COMPANY, L.L.C., Defendant-Appellant __________________________ Appeal from the United States District Court for the Eastern District of Louisiana, New Orleans __________________________ ON PETITION FOR REHEARING EN BANC (Opinion July 27, 2012, 5 Cir., 2012, 689 F.3d 458) Before STEWART, Chief Judge, KING, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.

BY THE COURT: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.