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The machine measures the thickness of silicon wafers.Several times during the day, machine operators are idle for five to 10 minutes as the tool does its work.He reported his discovery to his boss, who consulted with a superior and fired Pacenza the next day. Pacenza says he would have understood if IBM had disciplined him for taking an unauthorized break, but firing him was far in excess of any punishment deserved.He argues that other IBM workers with worse offenses have been disciplined less severely — including a couple who had sex on a desk and were transferred rather than sacked.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.

Stanford University issued a nationwide study last year in which up to 14 percent of computer users reported neglecting work, school, families, food and sleep to use the Internet. Elias Aboujaoude, said then that he was most concerned about the numbers of people who hid their nonessential Internet use or used the Internet to escape a negative mood, much in the same way that alcoholics might.It also claims Pacenza was told he could lose his job after an incident four months earlier, which Pacenza denies."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.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.

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