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Pacenza claims the company decided on dismissal only after improperly viewing his medical records, including psychiatric treatment, after the incident."In IBM management's eyes, plaintiff has an undesirable and self-professed record of psychological disability related to his Vietnam War combat experience," his papers claim.Diederich says IBM workers who have drug or alcohol problems are taken into programs to help them, and Pacenza should have been offered the same.Instead, he said, Pacenza was told there were no programs for sex addiction or other psychological illnesses. "Engaging in sexual intercourse on an IBM desk is potentially more disruptive of the workplace than is a brief visit to a computer chat room resulting in words on a monitor," Pacenza said.
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.
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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.
He said he tried to stay away from chat rooms at work, but that day, "I felt I needed the interactive engagement of chat talk to divert my attention from my thoughts of Vietnam and death." "I was tempting myself to perhaps become involved in some titillating conversation," he said in court papers.