Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.
Associated Press - December 18, 2003
Lisa Leff, Associated Press Writer
But the Montreal-based circus maintains that because of the specialized nature of what it does, it is legally entitled as an employer to decide whether to keep individuals with HIV out of jobs that "involve constant bodily contact with others."
The Human Rights Commission is investigating whether Cirque du Soleil violated local laws by firing Matthew Cusick, an HIV-infected gymnast scheduled to begin performing at the "Mystere" show in Las Vegas in April. Last month, the circus opened a seven-week gig at Pac Bell Park, where it has been the target of protesters.
"Cirque categorically denies that it discriminates against any individual on the basis of HIV status," the company's Las Vegas lawyer, Scott Abbott, wrote in a five-page response to the commission's complaint.
Two senior vice presidents for the circus came to San Francisco from Canada to meet with the commission's staff on Monday. Larry Brinkin, a senior contract compliance officer for the city, said the commission plans to supply Cirque du Soleil with the latest medical information on assessing the risks of HIV transmission.
"I think they can use more information from the medical and sports world about how HIV is transmitted," Brinkin said. "As far as we know, there hasn't been a single case of transmission of HIV through a sporting incident in the 20-plus years of the epidemic."
The commission will decide early next year whether Cirque du Soleil's position "is discriminatory and a violation of local law" prohibiting job discrimination based on HIV status. Possible sanctions include a fine and a two-year ban prohibiting the circus from operating on city-owned property, Brinkin said.
Renee-Claude Menard, a Cirque du Soleil spokeswoman, said the circus, not its critics, is best situated to evaluate whether employing a performer with HIV for certain roles poses a risk.
"Most people, and I understand completely, cannot properly evaluate what we mean by safety and risk," Menard said. "All this beautiful work looks effortless, it looks easy, but we have been doing this for 20 years and we know what has happened."
Cusick, who lives in Maryland, also has filed an employment discrimination complaint with the U.S. Equal Employment Opportunity Commission. He is being represented by the Lambda Legal Defense and Education Fund, which plans to organize protests at upcoming Cirque du Soleil shows in Orange County, Calif. and Atlanta.
Cusick disclosed his HIV status before he was given a two-month contract to perform as an aerial acrobat on the Russian High Bar and Chinese Poles, but the circus casting department was unaware of his condition when it assigned him the roles, Menard said.
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