Frivolous Lawsuit?

James Pacenza is suing IBM for being fired after spending too much company time on the internet in chat rooms, some are also sex chat rooms. Pacenza is claiming that he is addicted to these chat rooms due to his post traumatic stress disorder he suffered from Vietnam. IBM has a strict policy against internet usage and claims that this is in violation of that policy. Why is this even an issue? This case has been held up since 2003, when he was originally fired. What if his addiction, to cope with his disorder, was crack, or say even something more benign and legal, alcohol and he shows up to work drunk...constantly. Would it still be within IBMs right to fire him? Yes. They have a business to run and that's why policies are in place. I say frivolous. Anyone else care to weigh in? More on this here.