Performer fired for HIV status: ADA violations: Economic losses: Mediated settlement

Law Reporter, Oct 2004

EEOC v. Cirque du Soleil, CaL, settled before filing, Apr. 22,2004.

Cusick, 32, was a professional entertainer with an international touring company. He was terminated because the company said his HIV-positive status posed a "direct threat" to the other performers. Several months after he was terminated, the company offered him another position during legal negotiations, but he turned it down, in part for fear that he could not trust his coworkers with his safety. He suffered past lost income of about $60,000, and his future lost income is estimated at $200,000.

Cusick complained to the U.S. Equal Employment Opportunity Commission (EEOC), alleging he was wrong-fully terminated in violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. Claimant alleged the company's own doctors cleared him for safe performance, but the company chose to terminate him anyway.

The company contended it believed it was acting in the best interests of the other performers because incidents often occur in which performers collide, resulting in bleeding. It argued such incidents can spread the virus, even though that is medically unprecedented.

The parties settled during die EEOC conciliation process for $600,000. Additionally, the company agreed to provide antidiscrimination training to its employees and implement a zero-tolerance discrimination policy.

Plaintiffs Counsel

Hayley Gorenberg, New York, N.Y.