Arguing that Cirque du Soleil violated state and federal laws by denying a highly qualified gymnast an integral part in its ‘Mystere’ show this spring, Lambda Legal Defense and Education Fund filed a federal discrimination complaint against the company in Los Angeles July 15. Cirque hired gymnast Matthew Cusick to train for its show. Cusick spent months training and went through medical exams with Cirque’s own doctor, whose notes said Cusick was a ‘healthy athlete’ who ‘should be able to perform.’ But before he was scheduled to start, Cirque told Cusick because he has HIV they would not continue to employ him. Cusick was hired to be a High Bar Catcher, on the Russian High Bar and the Chinese Poles. On the Chinese Poles, gymnasts perform individually and do not interact with each other. On the Russian High Bar, the performer hangs by his legs from a swinging structure and catches other performers coming off of a bar. In a letter this spring responding to Lambda Legal’s formal request to reinstate Cusick in the performance, Cirque du Soleil’s attorneys said the company was acting as a ‘socially responsible employer’ that has an obligation to avoid ‘known safety hazards.’
