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"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.

IBM also said sexual behavior disorders are specifically excluded from the ADA. If it goes to trial later this year, the case could affect how employers regulate Internet use that is not work-related, or how Internet overuse is categorized medically.

Pacenza, 55 at the time, had 19 years of IBM service and said he could have retired in one more year. has asked Judge Stephen Robinson for a summary judgment, saying its policy against surfing to sexual sites is clear.

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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.

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