'Internet Addict' Sues IBM for $5 Million
Man sues IBM for firing him because he visited an adult chat room at
work, says he is 'Internet addict.'
Zoe Mutter, PC Advisor
Tuesday, February 20, 2007 09:00 AM PST
A man is suing IBM for US$5 million after he was sacked by the company
for visiting an adult chat room during work time.
James Pacenza said the company failed to treat him with sympathy and
respect and claims he visits chat rooms as treatment after he
witnessed his friend killed during the Vietnam War. Claiming
protection under the American with Disabilities Act he says the stress
caused by the incident led to him first becoming a *** addict and then
an internet addict. Pacenza also says the company failed to inspect
his medical records properly, which include details of psychiatric
treatment he received.
Pacenza's lawyer, Michael Diedrich, says his client did not violate
IBM rules by visiting ****ographic sites at work. He also states that
age discrimination may have been a factor, mentioning that Pacenza had
been at the company for 19 years and was due to retire in a year. IBM
has denied any age discrimination was involved. Diedrich says Pacenza
should have been treated in the same way as employees with alcohol or
drug addictions, who are offered recovery programs by IBM.
Pacenza's job involved operating machines that made computer chips.
There were often periods of five to ten minutes when the machine was
working and he had nothing to do. This was when he visited the chat
sites. On the day he was fired, Pacenza had returned from the Vietnam
Veterans Memorial and logged onto a site called ChatAvenue and then an
adult chat room. Pacenza says other employees of the company have
received less severe punishments for worse acts.
IBM claims that Pacenza had received a warning four months earlier for
a similar incident and is asking Judge Stephen Robinson for a summary
judgement, saying that the company's rules are clear.
http://www.pcworld.com/article/129169-1/article.html?tk=nl_dnxnws
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