IBM Worker Sues His Employer for Being Fired for Accessing Adult Chat Rooms While at Work

James Pacenza, a 58-year old Vietnam veteran, is suing IBM for $5 million for unlawful employment dismissal. IBM claimed they terminated Pacenza because he was caught accessing an online adult chat room at work. However, Pacenza claims that IBM terminated him because of his age and also because he suffered from both a sex and Internet addiction. After suffering post traumatic stress disorder, as a result of witnessing his best friend’s death in Vietnam, Pacenza claims that accessing chat rooms provides him a form of therapeutic relief. More specifically, on the day in question, Pacenza had just visited the Vietnam Veteran Memorial in Washington D.C., and claims he was attempting to engage in a form of “self-medication”. As a result of these addictions, Pacenza claims that he is disabled and sought protection under the Americans with Disabilities Act (ADA).

IBM is steadfast in their denial of Pacenza’s allegations. To that end, IBM claims it has a strict prohibition about accessing adult material at work, and Pacenza had been previously warned after being caught accessing this type of material; Pacenza denies such a warning ever transpired. Moreover, IBM denies age discrimination played a part in Pacenza’s termination, and goes on to point out that sexual disorders are specifically excluded from protection under the ADA. Pacenza states he would have understood if IBM had taken disciplinary measures, short of termination, as a result of his behavior. However, Pacenza contends his punishment was disproportionately harsh because in the past, IBM has handled much more egregious work place behavior with much less severe punishment.

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http://www.siliconvalley.com/mld/siliconvalley/news/editorial/16733011.htm

Volume V

IBM Worker Sues His Employer for Being Fired for Accessing Adult Chat Rooms While at Work