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HEALTH
Hiv+ gymnast: Cirque du Soleil settles for $600,000
April 23, 2004
Matthew Cusick
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SAN FRANCISCO — Cirque du Soleil agreed Thursday to pay $600,000 to settle a
lawsuit filed by an HIV-infected gymnast who was fired by the
Canadian circus company last year.
Matthew Cusick, 32, was fired because the company, which is
known for its daring aerial acts, said he posed a health risk to
other performers.
"They said I was a hazard not just to other performers, but to
the crew and possibly the audience," Cusick said Thursday in a
telephone interview. "I think the settlement sends a message to
other employers if you discriminate against people, there's going
to be a price to pay."
Cusick was a "catcher" in the Russian High Bar act and an
acrobat in the Chinese tall pole act. He voluntarily disclosed his
health status and spent four months training with the group. He was
fired just days before he was to join the "Mystere" show in Las
Vegas.
Cusick filed a complaint last July under the Americans With
Disabilities Act, which includes protections for people with HIV.
Six months later, just hours after federal labor investigators
found "reasonable cause" to believe the Montreal-based circus
engaged in job discrimination, Cirque du Soleil offered to
reinstate Cusick.
Cusick refused.
"I thought a lot about it because a dream is very hard to walk
away from," Cusick said. "I can't go back and work for a company
that stood so strongly against me."
Cirque du Soleil spokeswoman Renee-Claude Menard said Thursday
the company regretted firing Cusick and said it made the decision
out of ignorance.
"We didn't have all the knowledge on what HIV is and how it's
transmitted," Menard said. "We were very genuine in saying that we
wanted him back. He could've done so much to raise awareness."
Instead, months of negotiations with Cirque du Soleil through
the U.S. Equal Employment Opportunity Commission resulted in
Thursday's settlement, which is the largest EEOC settlement for an
HIV complaint, according to the Lambda Legal, which represented Cusick.
"This kind of discrimination tears people's dreams and careers
apart," Cusick said. "While other people in all sorts of
professions will still face HIV discrimination, after today they
have a powerful tool with the settlement we reached."
Under the terms of the settlement, Cirque du Soleil also agreed
to provide annual mandatory anti-discrimination training for its
employees worldwide and to adopt a zero-tolerance discrimination
policy. It also will leave its records open to the EEOC for two
years to ensure it follows the requirements of the agreement,
Lambda Legal said. – Sapa-AP
Related stories
Cirque du Soleil illegally sacked HIV+ acrobat: US authorities [02/02/2004]
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