(Los Angeles, California) Cirque du Soleil has agreed to pay a record $600,000 to end an HIV discrimination complaint filed by a performer who was fired last year because he has HIV.
The settlement ends a nationwide campaign and a federal disability complaint filed by gymnast Matthew Cusick.
Cucick (pictured) was fired 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 of his status and despite the doctor's appraisal he was in good health and posed no risk. (story)
In firing him Cusick was told by Cirque du Soleil management that because he has HIV he is a "known safety hazard".
The suit was filed with the Equal Employment Opportunity Commission alleging discrimination in violation of the people with disabilities act.
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 huge victory for working people with HIV because it tells employers that there's a steep price to pay for HIV discrimination," said Hayley Gorenberg, Director of Lambda Legal's AIDS Project and the lead attorney on the case.
"This kind of discrimination still happens all across the country, and today's record-setting settlement will have ripple effects nationwide."
According to Lambda Legal, today's agreement is the largest public settlement ever for an HIV-discrimination complaint settled with the Equal Employment Opportunity Commission.
"When I was fired by Cirque du Soleil, it was the worst day of my life," said Cusick." Today is nearly the exact opposite because I stood up for what I knew was right and changed one of the world's most popular entertainment companies."
Cusick, who described the Cirque position as a "dream job" for any gymnast said that "This kind of discrimination tears people's dreams and careers apart. While other people in all sorts of professions will still face HIV discrimination, after today they will have a powerful tool with the settlement we reached."
The case became a focal point for Lambda and AIDS activists across the country. Demonstrators protested the firing in a number of cities.
As part of the agreement reached today with EEOC Cirque du Soliel agreed to have its records open to the commission for the next two years to ensure that the company is in compliance with the agreement.
It also will host annual anti-discrimination trainings for all of its employees worldwide and will adopt a zero-tolerance policy toward discrimination based on HIV and other disabilities.
The settlement of $600,000 includes $40,000 in legal costs for Lambda Legal with the rest of the money going to Cusick. Part of the settlement covers future earnings, since Cirque's public hostility against Cusick over the last year led him to decide not to return to work for the company.
"I wish none of this had ever happened, but if it had to happen I'm glad it ended with such a strong settlement that will impact other companies," Cusick said. "I look forward to opening a new chapter in my life."
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