Dismissal may have violated rights

Deirdre Newman

There is reason to believe that Cirque du Soleil discriminated

against an HIV-positive performer when it fired him, the Equal

Employment Opportunity Commission said Friday.

The commission’s determination is in response to a federal

discrimination complaint filed on behalf of former trapeze catcher

Matthew Cusick by Lambda Legal, a gay and lesbian civil rights

organization. The determination came a day after Cirque offered to

hire Cusick back.

Thursday, Cirque du Soleil officials announced the organization

would offer to reinstate Cusick as a performer as soon as mediation

starts.

Cusick could not be reached for comment Friday.

Hayley Gorenberg, director of Lambda Legal’s AIDS project, said

the organization is pleased that the commission issued its most

serious finding against Cirque du Soleil.

“It’s the strongest decision we could get from them.... [We feel]

terrific and properly vindicated,” Gorenberg said. The commission

also found there was reasonable cause to believe that Cirque du

Soleil violated the Americans with Disabilities Act by denying Cusick

the right to perform.

The commission suggested informal mediation to reach a solution.

If a settlement can’t be obtained, however, it would be up to the

courts to resolve, the commission said.

But Cirque du Soleil officials are taking the initiative to bring

a solution to the discussions.

“We’re going to the table with an offer straight off,” Cirque du

Soleil spokeswoman Renee-Claude Menard said. “We’re convinced it’s

safe for everyone involved to reintegrate Matthew, so that’s what

we’re doing.”

The commission’s decision will hopefully put other companies on

notice about how employees should be treated, Gorenberg said.

“I do think that strong findings like this send a message that

employment discrimination is unacceptable and that people won’t stand

for it,” Gorenberg said.

Cirque du Soleil has not contacted Lambda Legal directly with its

offer to reinstate Cusick, Gorenberg said.

Lambda Legal has scheduled protests against Cirque du Soleil when

the intricate circus show travels to Atlanta and New York later this

year.

Gorenberg said the protests will probably continue since Cusick’s

case has evoked such impassioned responses around the country.

“I would expect since the case really does speak to so many people

that they would respond until justice is done,” Gorenberg said.

* DEIRDRE NEWMAN covers Costa Mesa. She may be reached at (949)

574-4221 or by e-mail at deirdre.newman@latimes.com.