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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 (IBM, news, msgs), 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. The company says it was well within its rights to terminate Pacenza's employment.
Pacenza and his attorney sued in a New York federal court, seeking $5 million for wrongful termination.
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." Earlier, Pacenza had admitted to a superior that he had a problem with the Internet at home. 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," Diederich says.
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, 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.
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.
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An issue with far-reaching ramifications
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 Association.
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.
That's a big assumption -- and there's intense debate over whether compulsive Internet use should be recognized as an addiction.
The American Psychiatric Association (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.
Whatever the APA stance, several psychiatrists and psychologists already say compulsive Internet overuse can legitimately be called an addiction.
Among them is Dr. David Greenfield, an assistant clinical professor of psychiatry at the University of Connecticut School of Medicine and author of the 1999 book "Virtual Addiction." He compares compulsive Internet use to alcoholism, drug abuse or pathological gambling.
Like alcoholics or those who abuse drugs, people who are addicted to the Internet use it to change their mood and feel better, says Greenfield.
There are also many who can't stop using it, despite reprimands from work, disputes with family and friends, and other negative effects such as debt due to compulsive Internet shopping or gambling.
"It's not surprising that it is not defined yet, because these things change very slowly," says Greenfield. "But when you are in clinical practice and you are dealing with people's lives, you can't wait for those issues to be addressed. There is a huge problem with Internet abuse in the workplace, and you can't pretend that they don't exist because there isn't a label."
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