A former IBM employee who was fired for visiting an adult chat room at work is suing the company, claiming that he is an Internet addict, and protected under the Americans with Disabilities Act.
According to the Associated Press, James Pacenza, 58, said he visited chat rooms to treat traumatic stress incurred in 1969 when he saw his best friend killed during an Army patrol in Vietnam. In papers filed in federal court, Pacenza said the stress caused him to become "a sex addict, and with the development of the Internet, an Internet addict."
The incident for which Pacenza was fired is not completely clear as his lawyer, Michael Diederich, claims Pacenza never visited pornographic websites at work, or surfed the Internet any more or any differently than other employees. Diederich told the Associated Press that age discrimination ultimately contributed to IBM's actions, a claim that IBM denies.
For its part, IBM said that it's clear about its policy against surfing sexual websites. The company also claimed that Pacenza was told he could lose his job after an incident four months earlier, a warning Pacenza denies ever happened. IBM added that sexual behavior disorders were excluded from the Americans with Disabilities Act.
According to the report, court papers arguing IBM's motion for a summary judgment will be exchanged next month.
The Associated Press report points out that if it goes to trial, the case could affect how employers regulate Internet use that is not work-related, or how Internet overuse is categorized medically.
