Naturalized-Texan
12-14-2006, 05:35 PM
Employee sues IBM over internet addiction (http://www.businessweek.com/print/technology/content/dec2006/tc20061214_422859.htm)
By his own admission, James Pacenza was spending too much time in Internet chat rooms, in some of them discussing sex. He goes so far as to call his interest in inappropriate Web sites a form of addiction that stems from the posttraumatic stress disorder he's suffered since returning from Vietnam. Whatever it's called, Pacenza's chat-room habit cost him his job.
After 19 years at IBM's East Fishkill plant, Pacenza was fired in May, 2003, after a fellow employee noticed discussion of a sex act on a chat room open on Pacenza's computer. IBM (IBM) maintains that logging onto the Web site was a violation of its business conduct guidelines and a misuse of company property—and that it was well within its rights to terminate Pacenza's employment.
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On the surface, Pacenza's may appear to be an open-and-shut case. He doesn't deny logging onto the chat room at work, and company policy provides for the termination of employees who access inappropriate Web sites.
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But cases like Pacenza's, which involve Internet misuse, may no longer be quite so simple, thanks to a growing debate over whether Internet abuse is a legitimate addiction, akin to alcoholism. Attorneys say recognition by a court—whether in this or some future litigation—that Internet abuse is an uncontrollable addiction, and not just a bad habit, could redefine the condition as a psychological impairment worthy of protection under the Americans with Disabilities Act (ADA).
What a crock. When I worked for IBM, company policy was very clear - use of company computers for personal use was forbidden and the punishment was immediate dismissal. Everyone knew that and so did Pacenza.
By his own admission, James Pacenza was spending too much time in Internet chat rooms, in some of them discussing sex. He goes so far as to call his interest in inappropriate Web sites a form of addiction that stems from the posttraumatic stress disorder he's suffered since returning from Vietnam. Whatever it's called, Pacenza's chat-room habit cost him his job.
After 19 years at IBM's East Fishkill plant, Pacenza was fired in May, 2003, after a fellow employee noticed discussion of a sex act on a chat room open on Pacenza's computer. IBM (IBM) maintains that logging onto the Web site was a violation of its business conduct guidelines and a misuse of company property—and that it was well within its rights to terminate Pacenza's employment.
...............
On the surface, Pacenza's may appear to be an open-and-shut case. He doesn't deny logging onto the chat room at work, and company policy provides for the termination of employees who access inappropriate Web sites.
................
But cases like Pacenza's, which involve Internet misuse, may no longer be quite so simple, thanks to a growing debate over whether Internet abuse is a legitimate addiction, akin to alcoholism. Attorneys say recognition by a court—whether in this or some future litigation—that Internet abuse is an uncontrollable addiction, and not just a bad habit, could redefine the condition as a psychological impairment worthy of protection under the Americans with Disabilities Act (ADA).
What a crock. When I worked for IBM, company policy was very clear - use of company computers for personal use was forbidden and the punishment was immediate dismissal. Everyone knew that and so did Pacenza.