In Damage Control Attempts Amid Growing Public Concern About HIV Bias, Cirque du Soleil Admits Firing Gymnast Because He Has HIV, But Says Thats Not 'Discrimination

Cirque du Soleil under fire as community concern and opposition spreads; Lambda Legal and San Francisco groups to hold community action outside 'Alegria performance on Thursday evening, Nov. 20

San Francisco, November 13, 2003 - One week after Lambda Legal and community activists launched protests against Cirque du Soleil for discriminating against people with HIV, the company has started sending a six-paragraph letter to members of the public -- admitting that it fired a gymnast solely because he has HIV, but claiming that such action is not discrimination."

Its mind-boggling that Cirque du Soleil readily admits they fired someone for no other reason than his HIV status, and then says that isnt discrimination. Today, its clearer than ever that Cirque du Soleil just doesnt get it. People with HIV can work safely in a wide variety of jobs, and its illegal to fire people because they have HIV," said Michael Adams, Director of Education & Public Affairs at Lambda Legal. We started this campaign with community groups to teach Cirque du Soleil an important lesson about discrimination -- and were now seeing how badly this is needed and what a powerful impact its already having."

The campaign, Discrimination: Another Side of Cirque du Soleil," launched last week with protestors welcoming" Cirque du Soleils Alegria" show to San Francisco on its opening night by greeting people in line to see the performance with leaflets and materials on the companys discrimination. Lambda Legal is co-sponsoring a large community action in San Francisco on Thursday evening, Nov. 20, outside the Alegria" performance.

Lambda Legal filed a federal discrimination complaint in July against Cirque du Soleil on behalf of Matthew Cusick, who was fired because he has HIV. Although the companys own doctors cleared him to safely perform for the Las Vegas-based show Mystere," Cirque du Soleil management told Cusick that because he has HIV the company would not continue to employ him. Cusick describes the Cirque du Soleil position as a dream job" for any gymnast.

In the letter Cirque du Soleil is sending members of the public who write to the company to complain about the discrimination, Cirque du Soleil senior staffer Renee-Claude Menard says Cusick was fired solely for safety reasons." Cusick was hired to perform on the Russian High Bar and the Chinese Poles. Menards letter and Cirque du Soleils other public statements on the issue offer no explanation for how a highly trained gymnast could transmit HIV while performing in such a heavily rehearsed and choreographed show.

Several mainstream organizations -- including those dealing with sports that involve far more physical contact than Cirque du Soleil performances -- have clear policy statements, based on volumes of credible scientific research, that athletes with HIV should not be restricted. The National Collegiate Athletic Association (NCAA), for example, says, There are no validated cases of HIV transmission in the athletics setting," and concludes that there is no recommended restriction of student-athletes merely because they are infected with HIV."

A variety of people who have signed Lambda Legals online petition to Cirque du Soleil and sent letters to the company have responded to Menards letter to say that it is inaccurate and doesnt satisfy their concerns. They include members of the Cirque Club" (the companys group for dedicated fans), lesbian and gay people, and HIV/AIDS medical researchers.

In addition to action at the San Francisco show Nov. 20 and throughout the month, Lambda Legal and local leaders will hold community events at Cirque du Soleil performances in a number of cities, including Atlanta (March 25 through April 11, 2004) and New York (May 6 through June 6, 2004). A package of materials for the Discrimination: Another Side of Cirque du Soleil" campaign -- including printable leaflets and post-cards, petitions and other resources -- is online at www.LambdaLegal.org.

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[Text of Cirque du Soleil letter to members of the public who have written to complain about HIV discrimination]

Cirque du Soleil is dedicated to the creation, production and performance of artistic works, and relies greatly upon the skills and expertise of our artists. At the same time, we are committed to safeguarding the well-being of each of our employees.

Several months ago, we made a decision to terminate a 2-month employment contract with an HIV-positive acrobat who was to perform an aerial act. Our extensive experience with high-level acrobatics demonstrated that the risk of injury attendant to an aerial flying act is very real. With this very important consideration in mind, we believed the risk of exposing fellow artists, technicians, and/or spectators to HIV as a consequence of injurious physical contact was too great. Our employment decision was made solely for safety reasons, which is a paramount concern for us.    

Since that decision, however, the acrobat and his attorneys have chosen to publicize this highly sensitive and complex situation through various media outlets. The individual also filed a Charge with the U.S. Equal Employment Opportunity Commission. We have responded to the Charge, and we have been fully cooperative with the investigation presently being conducted by the EEOC. However, the individual and his legal representatives are apparently not content to allow that investigative process to run its course, as evidenced by their continued attempt to focus media attention on this matter. In addition, they have made very clear their position that they are completely unwilling to attempt to resolve this matter amicably, despite our previous efforts to do so.

Contrary to the allegations, Cirque du Soleil has not discriminated against this particular acrobat. Our decision was premised upon our concern for the safety and well-being of our artists, employees and patrons. That is always our foremost priority. In that spirit, at all times, we must assess any and all risks that could compromise someone's safety.

This has been a very difficult decision for Cirque du Soleil, because we support many HIV-related educational programs and fundraising efforts, and have contributed extensively to these causes for many years. We are also very sensitive to respecting individual rights and liberties.

Over the years, we have been recognized worldwide as a progressive and non-discriminatory employer, and still are today. We do not discriminate against individuals on the basis of disability or any other protected characteristic. In fact, we employ a number of performers and non-performers alike with physical limitations and conditions.

Sincerely,
Renée-Claude Ménard