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Matthew

I was hired by Cirque du Soleil in the summer 2002 to train for a possible part in one of their shows. During the first day of the training, all artists were told that they had to go through a medical evaluation. It was at this time that I told the doctor's at Cirque that I was HIV-positive.

After being sent to another doctor to give further details about my HIV status health, I was cleared for full participation. I trained extensively for several months with my HIV status never being mentioned again. I completed the training, but at that time, no positions in a show were available.

I flew back home to the US to wait. Early 2003, Cirque du Soleil offered me further training. During negotiations, I was then told that they needed me to fill a spot in their Las Vegas show "Mystere". I was flown up to Montreal for character make-up, costume, and beginning choreography for a two week period before flying directly to Vegas.

But a few days before I was due to perform, I was called into the management's office and told that because I was HIV-positive, the company would not continue to employ me. They said that I was a safety hazard to fellow artists and spectators and that I could infect other people by working in their show.
I was speechless and stunned.

I just kept thinking: "They can't do that" and "this is not right". Being told that I was a known safety hazard was something I had never been told before. I was emotionally devastated to know that the hard work and effort I put forth my whole life were being shattered. I felt betrayed, as Cirque had been aware of my HIV status for 8 months when they offered me a contract to perform in their show.

The issue was never brought back up after the first medical evaluation and I was able to train with the rest of the cast. In twenty plus years of HIV and AIDS, there has never been a reported case of transmission through sport. Being out of a job meant that I could not pay for my HIV medication anymore.

But knowing this, they still threw me out of the country with no medical benefits, or any other employment position.
When I got back to Washington DC, I immediately called Lambda Legal Defense fund. Being HIV-positive for 10 years, I had heard of them and the work they did. I called their NYC office and told them my story.

They took my case on, saying that it seemed like a very strong case. I wanted to fight the Cirque's decision. It was an overwhelming feeling. I knew that my case would become public and I was scared of the publicity that the case may produce. The fear that everybody would now be aware of my HIV status was frightening, but I could not face myself if I let them get away with this. At first I thought I was going to be in this fight alone.

People with HIV and AIDS have been living productive lives and I didn't know if anyone would care. I was wrong. I attended a protest organised in San Francisco and was shocked at how many people showed up to help support me. There was a protest in Los Angeles and another in Orange County, California.

Hollywood celebrities, high profile athletes and leading health officials including many HIV and AIDS specialists have spoken out against the decision of Cirque du Soleil to fire me. This amazing support and mobilisation have been an incredible motivation to do as much as I could to condemn blatant HIV discrimination.

I know that many people are afraid, like I was in the beginning, to stand and fight. We have strength in numbers. I encourage people to not let companies get away with this and to fight their battles with this type of discrimination. The more we let this type of discrimination win, the more we push ourselves further into the past.

Since the case began I've gone back to my work as a personal exercise trainer. Cirque du Soleil offered to re-instate me but I have decided to accept a performance position with AntiGravity, New York City's only aerial performance company.

I also want to do more work to help people who, like me, have been the victims of HIV discrimination, in speaking publicly to groups and help in the education process. There is a great deal of educational work to be done.

With the help of organisations like Lambda Legal, Human Rights Campaign, and the National AIDS Trust, I believe that this can be done. Cirque du Soleil's decision to fire me was based on ignorance and misconceptions about HIV transmission.

I don't know what the future holds for me but I know that I will not stop fighting for the right of people living with HIV not to be discriminated against.

Background

The firing of the HIV-positive gymnast Matthew Cusick by Cirque du Soleil has been widely publicised as a blatant example of HIV discrimination in the workplace. Matthew's case led to a worldwide campaign denouncing the illegality and biased nature of the Cirque's decision. Cirque du Soleil, one of the most successful and largest touring performance shows in the world, has become infamous for its discriminatory action against Matthew Cusick.

In May 2004 Matthew was awarded US $600,000 in compensation for being fired over his HIV status. The settlement agreement (which is the largest reached through the US Equal Employment Opportunity Commission) also requires Cirque du Soleil to host annual anti-discrimination training for all employees worldwide. Although Matthew was offered his job back, he has decided to join the critically acclaimed AntiGravity.

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