San Francisco, California -
The federal government's Equal Employment Opportunity Commission, which for months has been investigating Cirque du Soleil for firing performer Matthew Cusick because he has HIV, concluded in a report released Friday, that Cirque likely engaged in illegal discrimination.
The EEOC's Los Angeles District Office handled the investigation, and will now attempt to resolve the matter before it reaches court.
The world famous Cirque shortly after the decision was announced said that it would accept mediation and " offer to re-integrate Matthew Cusick as a performer", but offered no other details.
Cucick (pictured) was dropped by the world famous acrobatic circus last year, shortly after it found out he was HIV-positive even though Cusick had informed Cirque's own doctor before he began rehearsals and despite the doctor's appraisal he was in good health and posed no risk.
In its defense of firing Cusick, Cirque informed the commission that it would only hire people with HIV for positions that don't involve bodily contact -- such as dishwashers, food and beverage staff, and souvenir vendors. But, it said, it would not allow people with HIV to work with other performers.
"This is a major development. The federal government has looked very carefully at Cirque du Soleil's actions, and its investigation confirmed there is evidence that Cirque engaged in unlawful discrimination," said Hayley Gorenberg, Director of Lambda Legal's AIDS Project.
Gorenberg explained that EEOC investigations don't reach beyond determining whether there's "cause to believe" an employer discriminated.
"This is the most serious determination the government can reach at this level. It's a very serious finding based on months of investigation."
The EEOC determination said the "investigation reveals reasonable cause to believe that [Cirque du Soleil] discriminated against [Cusick] when it discharged him because of his disability, record of disability, and being regarded as disabled." The finding says the Americans with Disabilities Act forbids such discrimination.
"For the last eight months, we have tried to get Cirque du Soleil to understand the seriousness of firing someone simply because he has HIV. At every juncture, we've been met with claims that are based on fear and ignorance instead of science and medicine. We are very encouraged that the federal government's findings will force Cirque to finally take this seriously," Gorenberg said.
Cirque has been the subject of protests over the firing, most recently in Orange County, where it is now performing. (365gay.com story)
by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
©365Gay.com® 2004
The EEOC's Los Angeles District Office handled the investigation, and will now attempt to resolve the matter before it reaches court.
The world famous Cirque shortly after the decision was announced said that it would accept mediation and " offer to re-integrate Matthew Cusick as a performer", but offered no other details.
Cucick (pictured) was dropped by the world famous acrobatic circus last year, shortly after it found out he was HIV-positive even though Cusick had informed Cirque's own doctor before he began rehearsals and despite the doctor's appraisal he was in good health and posed no risk.
In its defense of firing Cusick, Cirque informed the commission that it would only hire people with HIV for positions that don't involve bodily contact -- such as dishwashers, food and beverage staff, and souvenir vendors. But, it said, it would not allow people with HIV to work with other performers.
"This is a major development. The federal government has looked very carefully at Cirque du Soleil's actions, and its investigation confirmed there is evidence that Cirque engaged in unlawful discrimination," said Hayley Gorenberg, Director of Lambda Legal's AIDS Project.
Gorenberg explained that EEOC investigations don't reach beyond determining whether there's "cause to believe" an employer discriminated.
"This is the most serious determination the government can reach at this level. It's a very serious finding based on months of investigation."
The EEOC determination said the "investigation reveals reasonable cause to believe that [Cirque du Soleil] discriminated against [Cusick] when it discharged him because of his disability, record of disability, and being regarded as disabled." The finding says the Americans with Disabilities Act forbids such discrimination.
"For the last eight months, we have tried to get Cirque du Soleil to understand the seriousness of firing someone simply because he has HIV. At every juncture, we've been met with claims that are based on fear and ignorance instead of science and medicine. We are very encouraged that the federal government's findings will force Cirque to finally take this seriously," Gorenberg said.
Cirque has been the subject of protests over the firing, most recently in Orange County, where it is now performing. (365gay.com story)
by Mark Worrall
365Gay.com Newscenter
San Francisco Bureau
©365Gay.com® 2004
This article originally appeared on 365gay.com. Republished with permission.
