Lawsuit claims addiction to Internet is a disability

Ruu_Old

Sure, how about..working to divert your attention or psychiatric help. $5 million is a lot of dough. :eek:

A man who was fired by IBM for visiting an adult chat room at work is suing the company for $5 million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal.

James Pacenza, 58, of Montgomery, N.Y., says he visits 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 in White Plains, Pacenza said the stress caused him to become "a sex addict, and with the development of the Internet, an Internet addict." He claimed protection under the Americans with Disabilities Act.

His lawyer, Michael Diederich, says Pacenza never visited pornographic sites at work, violated no written IBM rule and did not surf the Internet any more or any differently than other employees. He also says age discrimination contributed to IBM's actions. Pacenza, 55 at the time, had been with the company for 19 years.
International Business Machines Corp. has asked Judge Stephen Robinson for a summary judgment, saying its policy against surfing sexual Web sites is clear. It also claims Pacenza was told he could lose his job after an incident four months earlier; Pacenza denies that.

"Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned," the company said.

IBM also said sexual-behavior disorders are specifically excluded from the ADA and denied any age discrimination.
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. Stanford University issued a nationwide study last year that found that up to 14 percent of computer users reported neglecting work, school, families, food and sleep to use the Internet.

Pacenza was making $65,000 a year operating a machine at a plant in East Fishkill, N.Y., that makes computer chips.
Several times during the day, machine operators are idle for five to 10 minutes as the tool measures the thickness of silicon wafers.
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It was during such down time on May 28, 2003, that Pacenza logged onto a chat room from his workstation.
Diederich says Pacenza had returned that day from visiting the Vietnam Veterans Memorial in Washington and logged onto a site called ChatAvenue and then to an adult chat room.

Pacenza, who has a wife and two children, said using the Internet at work was encouraged by IBM and served as "a form of self-medication" for post-traumatic stress disorder.
He said he tried to stay away from chat rooms at work, but that day, "I felt I needed the interactive engagement of chat talk to divert my attention from my thoughts of Vietnam and death."

Rabies

Seen that on the The Register (i think) yesterday, was going to post it.

James Pacenza, 58, of Montgomery, N.Y., says he visits chat rooms to treat traumatic stress incurred in 1969 when he saw his best friend killed during an Army patrol in Vietnam.
Complete bollox
He was getting his rocks off in work. Got caught and can't accept it.

Bloody americans.

Ruu, how long before you sue Boards for taking your real life away from you. You are pretty much an american now.

Ruu_Old

Now theres an idea...watch this space. I'll get in line.

Baraboo

If he is any sort of geek at all I think you will find his legal strategy is already laid out at the following

http://www.theregister.co.uk/2004/07/29/bofh_2004_episode_24/

I don't know about you but I might hop on the bandwagon myself.....

Rabies

Are you expecting to get fired from work too. Porn at work must be common.
Did the two of you guys meet online?

Black Swan

I'm suffering from internet Ruu-matism. What's it worth? Huh? Maybe a free Guinness?

Unpossible

Finally I can say I have a disability or condition instead of admitting that Im lazy.

Wow it feels good, no wonder fat people do this all the time

Agamemnon

Yeah, I'm a victim too, gimme some money!

I love the way this guy says he was so traumatised by Vietnam that he had to tear the roots off himself at work to block out the pain. If only John Rambo had had the internet, he'd never have gone on that rampage.

Kojak

Typical Yanks - always wanting a lawsuit. :rolleyes:

Next thing you know they will have a law suit against someone when it rains.

humanji

The sad thing is, it's a safe bet he's just assuming IBM will cave and settle out of court, which happens all too much in the states and hence the insane amount of inane lawsuits. Thank god we're not that corrupt in Ireland! *cough*

Terry

Yay. Free money.
so, Terry, Can you tell us what your disability is?
'Well, I'm addicted to the internet'.
Well that's quite common these days. Here, have some money.

Ghost Train

Well not a great excuse, but getting fired seems harsh. Not that I've much simpathy for the guy 'cause he should have known better

If he had been having a smoke and had been informally warned once before would he be fired?

I guess if you break company policy you get fired, if ibm really cared about their employees though, could they not just filter things or take away the guys internet access

Overheal

No Yank bashing plz - just because you didn't think of it first and go into the silicon wafer career and get your buddy shot in 'Nam and decide to have a good sausage beating on your tea break. Go steal some Dvd players or something ya jealous racists

SteveS

Kojak wrote:

Typical Yanks - always wanting a lawsuit. :rolleyes:

Next thing you know they will have a law suit against someone when it rains.

Take that back, or I'll sue you!

At least we don't cry discrimination when a bouncer won't let us in.

http://www.boards.ie/vbulletin/showthread.php?t=2055055708

Black Swan

eolhc wrote:

I guess if you break company policy you get fired, if ibm really cared about their employees though, could they not just filter things or take away the guys internet access

Then the guy might go into internet withdrawal, grab one of their many guns, and go postal (another popular past-time in the States)?

KamiKazi

lol only in america

lets all gang up on overheal

Kristopherus

SteveS wrote:

Take that back, or I'll sue you!

At least we don't cry discrimination when a bouncer won't let us in.

http://www.boards.ie/vbulletin/showthread.php?t=2055055708

No, in the good ol' U S of A you come back and shoo the guy !!!!!

Kristopherus

SteveS wrote:

Take that back, or I'll sue you!

At least we don't cry discrimination when a bouncer won't let us in.

http://www.boards.ie/vbulletin/showthread.php?t=2055055708

No, in the good ol' U S of A you come back and shoot the guy !!!!!

Rb

I would say I'm surprised, but it is the US afterall. No amount of sheer stupidity there surprises me anymore.

Pathetic individual imo...but again, an American so no surprise there.

Terry

Noooooooooooooo!

Rabies

Terry wrote:

Noooooooooooooo!

There was no time wasted (put it) on that website.

Terry

Rabies wrote:

There was no time wasted (put it) on that website.

I can't even remember what that was all about.
It seemed topical at the time.

Overheal

Back on topic with good intentions in mind:

You f*in Irish...just because your legal and governmental system won't let you claim an internet-addiction disability, thats no need to take it out on the yank who was smart enough to see that he might have a snowballs chance in hell of getting some money out of this ridiculous claim through the US's unimaginaly f*ked judiciary system. Hat off to the moron, I say: he's got snowBalls. You: go back to your corner of the bar