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Several times during the day, machine operators are idle for five to 10 minutes as the tool measures the thickness of silicon wafers.It was during such down time on May 28, 2003, that Pacenza logged onto a chat room from a computer at his work station."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 and denied any age discrimination.
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Diederich says Pacenza had returned that day from visiting the Vietnam Veterans Memorial in Washington and logged onto a site called Chat Avenue and then to an adult chat room.