A three-judge panel from the 3rd U.S. Circuit Court of Appeals heard arguments this morning on whether a factory worker was discriminated against because he was gay or because he didn't conform to masculine stereotypes.

A decision in the case of Prowel vs. Wise Business Forms Inc. could have an impact on sex discrimination cases involving people in non-traditional employment roles, such as female firefighters, experts say.

Brian Prowel worked at Wise in Butler County from 1991 until he was terminated in 2004. He says that during that time he was subjected to various forms of harassment, including being called "Princess," and "Rosebud," having a tiara and container of lubricant left on his workstation and being told that he was a sinner because he was gay.

Under Title VII, the federal law that prohibits sex discrimination, it is illegal to harass someone based on gender stereotyping. It is not, however, illegal to harass someone because of their sexual orientation.

U.S. District Judge Terrence F. McVerry dismissed the case against Wise, saying that while the conduct Mr. Prowel was subjected to was "reprehensible," it was harassment based on his homosexuality.

The panel included Circuit Judges D. Michael Fisher, Thomas M. Hardiman and Michael A. Chagares.

Thoughout the 40 minutes of argument, the judges peppered the lawyers with questions.

Judge Hardiman told Mr. Prowel's attorney, Katie Eyer, that the problem he saw was how to make the facts of the harassment apply to the law.

"There was terrible harassment of your client. It appears that was all visited upon him . . . after he was out-ed," he said.

Kurt Miller, who represented Wise, told the judges that if they overturn Judge McVerry's decision, they will open "a Pandora's box" that would allow homosexuals to bring federal claims.