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Companies grapple with Web use and abuse
Lawsuit is reviving debate over whether Internet overuse is an addiction
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 post-traumatic 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 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.
Pacenza and his attorney beg to differ. They filed suit in a New York U.S. District Court in July, 2004, seeking $5 million for wrongful termination. Earlier in the year, Pacenza had admitted to a superior that he had a problem with the Internet at home. Pacenza's attorney, Michael Diederich Jr., alleges that the perception that Pacenza was addicted to the Internet caused IBM to fire first without asking questions or "even attempting to examine the situation." Diederich says there are several steps IBM could have taken, including limiting his Internet use or blocking certain sites. "It's not productive or useful for the employer to unfairly terminate employees," says Diederich.
The case was held up for years due to Pacenza's medical problems and his attorney's service as a military lawyer in Iraq. But it has come back to the fore recently, and IBM on Dec. 8 sought a dismissal of the case, saying it's without merit. 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.
Certifying addiction
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).
That in turn would have far-reaching ramifications for how companies deal with workplace Internet use and abuse. For starters, businesses could be compelled to allow medical leave, provide counseling to, or make other accommodations for employees who can't control Internet use, says Brian East, co-chair of the disability rights committee of the National Employment Lawyers' Assn. East says recognizing Internet abuse as an addiction would make it more difficult for employers to fire employees who have a problem. "Assuming it is recognized as an impairment…it is analyzed the same way as alcoholism," says East.
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That's a big assumption—and there's intense debate over whether compulsive Internet use should be recognized as an addiction. The American Psychiatric Assn. (APA) doesn't include Internet addiction in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, which serves as the basis for many ADA claims related to mental disabilities. Substance abuse, on the other hand, is listed in a special category under substance-use disorders. Internet addiction would not be eligible for inclusion in the manual until nearly 2012, when the next edition is scheduled to be released, according to the APA.
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