Wednesday, February 11, 2004

Cirque du Soliel offers to reinstate HIV-positive gymnast

In response to an email I sent to Cirque du Soliel, expressing my shock and disappointment regarding the unethical treatment of Matthew Cusick, this is what Renée-Claude Ménard sent back to me. I am sure I was not the only who emailed, mailed or called them, and am unsure if this was some mass email copy, but I must say that I am pleased with the EEOC's ruling and CDS's response thus far. This is a great sign for PLWA(HIV), and the respect and understanding that they deserve. Please read on.
-------------------------------------

Hello Alex;

I have received your request for information. I would like to begin by apologizing for not responding to your request sooner but we wanted to be able to inform you of any significant developments in this very important matter as they happened.
We wish to inform you that we will offer Matthew the opportunity to rejoin Cirque as an artist. Over the last few months, we have met with associations and experts in the field in order to confirm whether our initial decision was well-founded. Following our discussions with them, we came to the conclusion that we could reintegrate Matthew into his functions as a performer.
The Equal Employment Opportunity Commission (EEOC) has invited us to go to mediation. The mediation process will begin shortly. Cirque du Soleil promises its complete cooperation and will offer to fully reinstate Matthew as a performer.
Thank you for your patience. I am enclosing an article recently published by the Associated Press that confirms our position.

Renée-Claude Ménard
Directeur/Director
Relations Publiques/Public Relations
Siège Social International/International Headquarters
Cirque du Soleil
(514) 723-7646 (7366)
renee-claude.menard@cirquedusoleil.com
En cas d'urgence/in case of emergency : Hélène Pintus (514) 723-7646 (8019)

Cirque du Soleil offers to reinstate HIV-positive gymnast
By LISA LEFF
Associated Press Writer

SAN FRANCISCO --

Cirque du Soleil offered Friday to reinstate an HIV-positive gymnast after federal labor investigators found "reasonable cause" to believe the Montreal-based circus engaged in job discrimination when it fired the performer because of his condition.
The offer came hours after the Los Angeles office of the U.S. Equal Employment Opportunity Commission upheld the merits of a complaint brought by the fired gymnast, Matthew Cusick. A Cirque du Soleil spokeswoman said the circus was placing "no restrictions" on the kind of acts in which Cusick could appear.
"We are ready to welcome him back," Cirque du Soleil spokeswoman Renee-Claude Menard said. "Our job now is to make sure it's done quickly and efficiently."
The sudden turnaround in Cirque du Soleil's position was hailed by the Lambda Legal Defense and Education Fund, which represented Cusick.
"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," said Hayley Gorenberg, director of Lambda Legal's AIDS Project. "We are very encouraged that the federal government's findings will force Cirque to finally take this seriously."
Cirque du Soleil, which is known for its daring aerial acts, never denied that Cusick was fired as a "catcher" in the Russian High Bar act and as an acrobat in the Chinese tall pole act days before he was to join the "Mystere" show in Las Vegas because of his HIV status.
Cusick, 32, voluntarily disclosed his health condition and had spent four months training with the group when he was informed his contact had been terminated because he posed a health risk to fellow performers. He filed his complaint under the Americans With Disabilities Act, which includes protections for people with HIV.
Menard downplayed the role the EEOC determination had in persuading Cirque du Soleil to change its position. Rather, she insisted the circus was convinced after consulting medical experts who said "the risks are minimal" that an acrobat infected with HIV would pass the virus on to another performer.
"We have had a sufficient amount of time to go in depth with the research on this and be thorough in getting a better understanding of the risks of HIV," she said.
Cusick said in an interview Friday that it was too soon to say whether he will accept Cirque du Soleil's offer because he had only learned of it through a news release the circus issued and that he had not been contacted directly. But he said he was pleased by the EEOC's ruling.
"It is very exciting to know they are standing behind me for this," he said.
Details of a settlement, including possible monetary damages, still would have to be negotiated, Gorenberg said, adding that Cusick wants to make sure Cirque du Soleil changes its hiring and training policies "so no one would have to go through what he had to go through."
Menard said Cirque would consider hiring other HIV-positive performers if they met all physical and talent requirements.
"For quality we are not going to go the other way now. We are not going to have a special HIV show," she said.
Cusick's case attracted support from well-known athletes and Hollywood celebrities after Lambda Legal organized protests outside venues where the circus was performing in San Francisco and Los Angeles. Menard said she hoped such public relations problems would end now that the two sides were moving toward a settlement.
"We would rather people think of a Cirque that is close to our shows and not close to this incident," she said.

2 comments:

Anonymous said...

Currently I am working for Cirque on their latest tour, Varekai, working behind a counter in their Food & Beverage department. Something I could never see myself do before, but I thought what the hell, it will be fun. So, here I am, and as I am looking up some stuff online about Cirque I found your Blog as well as reading about how Cirque Du Soleil had to pay Mr. Cusick $600,000 for diability discrimination since he has HIV. Truthfully this has made me pause and makes me wonder do I want to continue to work for them. I will keep you informed and let you know.

epicurist said...

Hiya Anon,

Thank you and welcome! It truly is an amazing story isn't it? I have a strong belief that Mr. Cusicks legal battle and the subsequent ruling will undoubtedley change the course in which CDS will now treat its employees. i have always heard that CDS has been one of the best employers in every sense, and it is sad to hear something like this overshadow their good work. Keep in touch and let us know how things go with you!