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The verdict is in

Cirque du Soleil guilty of discrimination

Special to Workers World

On Jan. 31, the U.S. Equal Employment Opportunity Commission found that the Montreal-based performance troupe Cirque du Soleil had engaged in illegal discrimination when it fired HIV-positive acrobat Matthew Cusick.

On the same day that the EEOC released its findings, Cirque responded in an Associate Press story that ran in the Los Angeles Times. "Cirque du Soleil would not restrict the type of acts in which Cusick can appear. Cirque du Soleil has offered to reinstate [Matthew Cusick] an HIV-positive gymnast.

"We are ready to welcome him back," Cirque du Soleil spokesperson Renee-Claude Menard said.

However, when reached for comment, Fred Shank, spokesperson for Cusick's legal representative, Lambda Legal Defense, said nothing could be further from the truth. "Cirque has not contacted us or Matthew with a job offer and Cirque has not changed its discriminatory hiring policies against people with HIV," he said.

Cirque's public statements promising to end discrimination and to rehire Cusick do however reveal the power of community action. Protests have occur red in Los Angeles and San Francisco. In late Jan uary, 30 thirty activists from the lesbian gay bi trans communities, straight, disabled and HIV/AIDS communities came together to protest in front of Cir que's performance of "Varekai" in Orange County, Calif. One of the protest organizers, the International Action Center's Joe Delaplaine said: "That Cirque felt the need to release a deliberately misleading news story shows the power of taking to the streets and not relying on litigation to create change. Keep protesting until Cirque bargains in good faith. They obviously respond to community pressure.

"Now more than ever," he said, "with working people struggling to simply keep their jobs and health care for their families, people need to protest work-place discrimination and defend all working people's right to a job."

Last July Cusick filed a complaint with the EEOC, arguing that Cirque's own doctors had given him a clean bill of health and since he presented no risk of infection to other performers or the audience, Cirque had violated the Americans with Disabilities Act. Firing him was illegal.

Lambda and Cusick thank the community for its support and are encouraging people to keep protesting. Opening nights for upcoming Cirque shows "Varekai" and "Alegria" include: Feb. 19 in St. Peters burg, Fla.; March 18 in San Diego; March 25 in Atlanta; April 29 in Phoenix; and May 6 in New York.

Reprinted from the Feb. 12, 2004, issue of Workers World newspaper

This article is copyright under a Creative Commons License.
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