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  1. #1
    Joined
    Feb 2003
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    Foxboro, MA
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    2,610

    I'm a disabled American; I surf porn

    I wonder if you can get handicap parking too.

    http://www.cnn.com/2007/LAW/02/18/ch....ap/index.html

    WHITE PLAINS, New York (AP) -- 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, 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 American 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 and says he could have retired in a year.

  2. #2
    Joined
    Aug 2001
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    74,682

    Re: I'm a disabled American; I surf porn

    Too bad what happened to the guy.

    But I have no sympathy around how he chose to treat his "stress"
    Sorry Charlie. No 5.4 million.

  3. #3
    Joined
    Sep 2003
    Location
    Pittsburgh
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    1,192

    Re: I'm a disabled American; I surf porn

    Quote Originally Posted by jimzinsocal View Post
    Too bad what happened to the guy.

    But I have no sympathy around how he chose to treat his "stress"
    Sorry Charlie. No 5.4 million.
    About sums it for me!
    "The church says the earth is flat, but I know that it is round, for I have seen the shadow on the moon, and I have more faith in a shadow than in the church"[Ferdinand Magellan]
    "If people are good only because they fear punishment, and hope for reward, then we are a sorry lot indeed." [Albert Einstein]
    "With or without (religion) you would have good people doing good things and evil people doing evil things. But for good people to do evil things, that takes religion."[Physicist and Nobel Laureate Steven Weinberg]

  4. #4
    Joined
    Nov 2003
    Location
    Corruptfornia
    Posts
    3,785

    Re: I'm a disabled American; I surf porn

    With all respect to him due to actions overseas, I got to go
    no on this as well..Besides I have his "patch"..



    One eyeball at this and even the most diehard will swear off
    porn..
    Last edited by no2guncntrl; 02-19-2007 at 02:27 PM.

  5. #5
    Joined
    Mar 2001
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    Home
    Posts
    6,888

    Re: I'm a disabled American; I surf porn

    ^^ I'd like to formally request anyone posting that picture be required to preface it with a warning and sufficient carriage returns to allow us to "opt out" of every seeing that thing again.

  6. #6
    Joined
    Nov 2001
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    E n g l a n d
    Posts
    10,978

    Re: I'm a disabled American; I surf porn

    Madam President!

  7. #7
    Joined
    Jul 2002
    Location
    Indianapolis
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    36
    Posts
    12,856

    Re: I'm a disabled American; I surf porn

    Well.....

    If he didn't violate any written rule he could get some money. I think 5.4 is pushing it.

    I am sure IBM will find a rule in their employee handbook that he violated.

  8. #8
    Joined
    Aug 2001
    Posts
    74,682

    Re: I'm a disabled American; I surf porn

    Quote Originally Posted by liquidsoul View Post
    Well.....

    If he didn't violate any written rule he could get some money. I think 5.4 is pushing it.

    I am sure IBM will find a rule in their employee handbook that he violated.
    Im sure part..if not all of IBM's defense will demonstrate the "policy" is applied equally. Dispite the veterans assertions, its abit scrambled thinking to assume "visiting porn sites"[however that is defined] is the same as legitimate therapy. It simply wont wash. No more than drinking on the job can be justified as "self medication" for some "stress"

  9. #9
    Joined
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    Location
    Indianapolis
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    36
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    12,856

    Re: I'm a disabled American; I surf porn

    Quote Originally Posted by jimzinsocal View Post
    Im sure part..if not all of IBM's defense will demonstrate the "policy" is applied equally. Dispite the veterans assertions, its abit scrambled thinking to assume "visiting porn sites"[however that is defined] is the same as legitimate therapy. It simply wont wash. No more than drinking on the job can be justified as "self medication" for some "stress"
    The problem IBM will have is it was just a chat room. If there were no pron on any of the pages or evident on the user's computer they will need to use a rule they have in place that outlines chat room's and any other non work related functions are against company policy.

    For instance, my company might have grounds to fire me for posting on PCper. I was not doing anything illegal, but it could be against company policy.

    However, I am not a dummy and wouldn't say it is "therapy."

    IBM could always bring in an expert (Psychologist, Social Worker, etc) who will point out Chat Rooms and Therapy do not belong in the same sentence.

  10. #10
    Joined
    Aug 2001
    Posts
    74,682

    Re: I'm a disabled American; I surf porn

    ^^Yeah....I know...we just dont have enough detail yet..why I used " marks" around the assertion.
    Who knows. Maybe part of the guy's assertions are that IBM perhaps just "warned" others but he got the axe. Hard to say.

  11. #11
    Joined
    Jul 2002
    Location
    Indianapolis
    Age
    36
    Posts
    12,856

    Re: I'm a disabled American; I surf porn

    Yeah I gotcha,

    IMHO - the dude just wants money. I hope he fails and has tons of court/lawyer payments.

  12. #12
    Joined
    Aug 2001
    Posts
    74,682

    Re: I'm a disabled American; I surf porn

    Just reading what weve seen? Hits me that way. I simply cant imagine IBM being so stupid they wouldnt be evenhanded with how policy is enforced.
    Most of the big smart companies? The entire "fire process" is carefully laid out to be legally "bullet proof". Cross every T...dot every I
    and be sure every step is observed.

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