A man who was fired by IBM for visiting an adult chat room during the workday is suing the company for million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal.
James Pacenza, 58, of upstate Montgomery, says he visits chat rooms as treatment for traumatic stress incurred in 1969 when he saw his best friend killed during an Army patrol in Vietnam.
Pacenza claims the company decided on dismissal only after improperly viewing his medical records, including psychiatric treatment, after the incident.
Pacenza said he was called away before he got involved in any online conversation.
But he apparently did not log off, and when another worker went to Pacenza's station, he saw some chat entries, including a vulgar reference to a sexual act.
A pattern of emotional abuse, which includes, but is not limited to, ridiculing or demeaning an adult who is impaired making derogatory remarks to an adult who is impaired or cursing or threatening to inflict physical or emotional harm on an adult who is impaired.
Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired; or b.
The machine measures the thickness of silicon wafers.
Several times during the day, machine operators are idle for five to 10 minutes as the tool does its work.It was during such down time on May 28, 2003, that Pacenza logged onto a chat room from a computer at his work station.Diederich says Pacenza had returned that day from a visit to the Vietnam Veterans Memorial in Washington and logged onto a site called Chat Avenue and then to an adult chat room.The intent is to authorize only the least possible restrictions on the exercise of personal and civil rights and such restrictions may be permitted only when consistent with proven need for services. (5) "Department" means the Department of Health and Social Services of the State. 31, § 1.; § 3903 Establishment of protective services system. (2) "Adult who is impaired" shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person's own care and custody.IBM also said sexual behavior disorders are specifically excluded from the ADA. If it goes to trial later this year, the case could affect how employers regulate Internet use that is not work-related, or how Internet overuse is categorized medically.