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

Brian Prowel filed a federal lawsuit against Wise Business Forms Inc. in Butler County, claiming he was discriminated against because he is effeminate and did not meet the expectations for a typical male factory worker.

The company claimed, however, that all of the discrimination was based on Mr. Prowel's sexual orientation, something that is not covered under Title VII, which prohibits discrimination based on sex.

The panel includes 3rd Circuit Judges D. Michael Fisher, Thomas M. Hardiman and Michael A. Chagares.

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

The appeals court will rule later.