Cirque du Soleil Dropped HIV Gymnast From High Bar Suit Claims
Tue. July 15, 2003 12:00 AM by 365gay.com
Los Angeles, California -
Arguing that Cirque du Soleil violated state and federal laws by denying a highly qualified gymnast an integral part in its "Mystere" show this spring, Lambda Legal Defense and Education Fund filed a federal discrimination complaint against the company in Los Angeles today.
Cirque du Soleil hired gymnast Matthew Cusick last summer to train for its popular show, "Mystere." Cusick spent several months training for the performance and went through extensive medical exams with Cirque du Soleil's own doctor, whose notes said Cusick was a "healthy athlete" who "should be able to perform."
But shortly before he was scheduled to begin performing, Cirque du Soleil told Cusick that because he has HIV the company would not continue to employ him.
"Matthew is a healthy and vibrant man in top physical condition who is living his life to the fullest with HIV," said Hayley Gorenberg, Lambda Legal's AIDS Project Director.
"Matthew is perfect for this job, which is why Cirque du Soleil hired him in the first place and why we're fighting to get his job back."
Cusick was hired to be a High Bar Catcher, who would perform on the Russian High Bar and the Chinese Poles. On the Chinese Poles, gymnasts perform individually and do not interact with each other. On the Russian High Bar, the performer hangs by his legs from a swinging structure and catches other performers coming off of a bar.
In a letter this spring responding to Lambda Legal's formal request to reinstate Cusick in the performance, Cirque du Soleil's attorneys said the company was acting as a "socially responsible employer" that has an obligation to avoid "known safety hazards."
"It's preposterous for Cirque de Soleil to call Matthew a 'known safety hazard,'" Gorenberg said. "Cirque du Soleil denied Matthew this job not because of sound science or rational concern for other employees, but because of unfounded fear. It defies both common sense and science to think that Matthew would exchange bodily fluids with another gymnast while flying through the air."
In the complaint filed with the U.S. Equal Employment Opportunity Commission's Los Angeles office today, Lambda Legal said Cirque du Soleil denied Cusick a job without a valid reason, since he does not a pose a health risk or safety threat to himself or anyone else.
Federal and state laws prohibit discrimination against people with disabilities if they pose no real risk to themselves or others and if the illness doesn't interfere with their ability to do the job.
Cusick, who has been living with HIV for 10 years and whose viral load was undetectable in two comprehensive medical exams by Cirque du Soleil's doctor, disclosed his HIV status without incident before beginning any training with Cirque du Soleil. After spending four months training in Montreal, he was set to complete some final last-minute training before starting in "Mystere," when Cirque du Soleil officials told him that he no longer had the job and the income he had been counting on.
"For any gymnastics performer, working for Cirque du Soleil is a dream job," said Cusick, who also works part time as a personal trainer. "Maybe it's naïve, but I never thought I'd be kept from pursuing my dreams because I'm HIV-positive. I thought society had gotten beyond thinking that people with HIV can only do desk jobs and never come into contact with people."
by Matt Johns
365Gay.com Newscenter
Los Angeles Bureau
©365Gay.com® 2003
Cirque du Soleil hired gymnast Matthew Cusick last summer to train for its popular show, "Mystere." Cusick spent several months training for the performance and went through extensive medical exams with Cirque du Soleil's own doctor, whose notes said Cusick was a "healthy athlete" who "should be able to perform."
But shortly before he was scheduled to begin performing, Cirque du Soleil told Cusick that because he has HIV the company would not continue to employ him.
"Matthew is a healthy and vibrant man in top physical condition who is living his life to the fullest with HIV," said Hayley Gorenberg, Lambda Legal's AIDS Project Director.
"Matthew is perfect for this job, which is why Cirque du Soleil hired him in the first place and why we're fighting to get his job back."
Cusick was hired to be a High Bar Catcher, who would perform on the Russian High Bar and the Chinese Poles. On the Chinese Poles, gymnasts perform individually and do not interact with each other. On the Russian High Bar, the performer hangs by his legs from a swinging structure and catches other performers coming off of a bar.
In a letter this spring responding to Lambda Legal's formal request to reinstate Cusick in the performance, Cirque du Soleil's attorneys said the company was acting as a "socially responsible employer" that has an obligation to avoid "known safety hazards."
"It's preposterous for Cirque de Soleil to call Matthew a 'known safety hazard,'" Gorenberg said. "Cirque du Soleil denied Matthew this job not because of sound science or rational concern for other employees, but because of unfounded fear. It defies both common sense and science to think that Matthew would exchange bodily fluids with another gymnast while flying through the air."
In the complaint filed with the U.S. Equal Employment Opportunity Commission's Los Angeles office today, Lambda Legal said Cirque du Soleil denied Cusick a job without a valid reason, since he does not a pose a health risk or safety threat to himself or anyone else.
Federal and state laws prohibit discrimination against people with disabilities if they pose no real risk to themselves or others and if the illness doesn't interfere with their ability to do the job.
Cusick, who has been living with HIV for 10 years and whose viral load was undetectable in two comprehensive medical exams by Cirque du Soleil's doctor, disclosed his HIV status without incident before beginning any training with Cirque du Soleil. After spending four months training in Montreal, he was set to complete some final last-minute training before starting in "Mystere," when Cirque du Soleil officials told him that he no longer had the job and the income he had been counting on.
"For any gymnastics performer, working for Cirque du Soleil is a dream job," said Cusick, who also works part time as a personal trainer. "Maybe it's naïve, but I never thought I'd be kept from pursuing my dreams because I'm HIV-positive. I thought society had gotten beyond thinking that people with HIV can only do desk jobs and never come into contact with people."
by Matt Johns
365Gay.com Newscenter
Los Angeles Bureau
©365Gay.com® 2003
This article originally appeared on 365gay.com. Republished with permission.