Two men who are suing Home Depot USA Inc. for alleged sexual harassment and retaliation will have their case heard by the entire 11th U.S. Circuit Court of Appeals — and they didn’t even have to ask.

In an order that surprised the plaintiffs’ attorney, the 11th Circuit on March 10 said that it decided on its own to have the whole court rehear the case, which claims that a male human resources manager made numerous, unwanted sexual advances toward the plaintiffs, telling one of them, “You’re the Italian heifer that I like.” Both men allege they were fired in retaliation for complaining about the manager.

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