Woman preparing WestJet class action
Ex-flight attendant who was fired after reporting sex assault wins appeal Mandalena Lewis said B.C.’s “history-making” ruling could help working women across Canada.
A former WestJet flight attendant who reported being sexually assaulted by a pilot on a layover — and was subsequently fired for insubordination — has won her appeal in a B.C. court and can now proceed with a class-action lawsuit on behalf of all flight attendants at the company.
Mandalena Lewis proposed the class action in 2017 on behalf of current and former flight attendants at WestJet, which she said has failed to implement anti-harassment programs after she told the company she was sexually assaulted in 2010.
“I feel absolutely relieved. These past three years have been pretty difficult in terms of anticipation,” Lewis told the Star on Thursday morning. “As you’ve seen, WestJet pushed back their own appeal by like an entire year.”
WestJet’s appeal to strike the claim was denied in late 2017. In a decision released Thursday, the B.C. Court of Appeal granted Lewis’ application. She expects the certification process to happen this year, though no date has been set.
Lewis called it a “history- making” decision that could impact women across Canada.
The class action, alleging WestJet breached its employment contracts with flight attendants by failing to properly prevent and respond to workplace sexual harassment and sexual assault, could affect all companies in Canada.
If the court rules in favour of Lewis, it would indicate it’s not enough for companies to have policies and complaint mechanisms in place — they have to enforce those policies effectively.
Court documents filed in March 2016 in B.C. Supreme Court say Lewis was on a stopover in Hawaii in January 2010 when an unnamed WestJet pilot allegedly pulled her onto a hotel bed and proceeded to kiss and grope her. The allegations have not been tested in court.
“(Lewis) was terrified,” reads a statement of claim filed in the case. “She resisted physically, yelling that he stop ... In her panic, (she) managed to leverage her legs into a position where she was physically able to kick out and push (the pilot) off her.”
The court document says that after the alleged incident was reported, the Calgary-based company changed Lewis’ work schedule to avoid overlap with the pilot, which left her with fewer working hours. It also alleges she was instructed to keep quiet out of respect for the pilot’s privacy.
On Thursday, WestJet told the Star in a statement that they “respect the decision of the court and are in the process of reviewing the decision with our counsel to determine next steps.”
In 2017, a WestJet spokesperson said in an email that the company is committed to “a harassment-free workplace” and encourages “our employees to report any behaviour that may violate our policies” through WestJet’s anonymous “whistleblower hotline” or to its leadership directly.
The company had argued unsuccessfully that Lewis should have filed her complaint before human-rights bodies, not the courts.
On July 6 last year, Lewis stood near the U.S./International Departure gate at the Vancouver airport, wearing a sign and handing out pamphlets about her campaign, #youcrewmetoo, which aims to prevent sexual harassment in the airline industry.
Lewis said a lot of the harassment can be attributed to an industry that prioritizes the needs of pilots over flight attendants.
“The culture is incredibly toxic; the fear is rampant. Pilots are more expensive to train, to get rid of, and frankly it’s less expensive to hire a flight attendant,” she said.