Flight attendant Mandalena Lewis did everything 鈥渞ight鈥� by the employee policy book when it came to reporting that a pilot sexually assaulted her during a Maui layover in 2010.
She immediately told her supervisor, then told the police, expecting the man to be terminated and the workplace to be made safe.
But after finding support from her employer inadequate, after being told to stay quiet and that she always had the option to quit, and after discovering it would be next-to-impossible to go after the alleged culprit criminally, a disillusioned Lewis is now trying to uproot the very system that allows such a culture to exist: the Canadian workplace.
She is part of a class-action lawsuit against WestJet, claiming all women at WestJet expect its 鈥淎nti-Harassment Promise鈥� policy to be followed, but instead the firm is saving money by not handling harassment and assault complaints adequately.
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The suit 鈥� more than two years in the making and currently before the courts 鈥� comes as a global movement topples men in high places, transcending the bubble of Hollywood into all industries and sectors.
While the MeToo hashtag is highlighting the cultural leniency 鈥� even condonation 鈥� of sexual assault and harassment, Lewis鈥檚 experience paints a bleak picture of how the mess is cleaned up after the trauma, and how workplace culture can create spaces that allow it to happen. And it feeds her desire for real change.
鈥淎ny employer who allows this to happen knowingly and is negligent in addressing these issues should absolutely be held to account,鈥� Lewis told Black Press Media from her Vancouver home.
鈥淕oing through this process and this turmoil and the grind of it, I can successfully say I completely understand why women don鈥檛 go through this process 鈥� of actually doing something legally, and something significant and something that鈥檚 gonna make a change.鈥�
Despite the re-victimization caused by repeatedly explaining her experience in detail, Lewis perseveres suspecting a court victory will force other Canadian employers to change how they address workplace sexual harassment and assault.
鈥淲hat I鈥檓 hoping for this the biggest thing is that women can see that this courage is very contagious, and given the right tools and solidarity of one another we can create huge change 鈥� like a widespread change.鈥�
Reporting to employers riddled with barriers: Lewis
In the wake of Maui, Lewis said her superior couldn鈥檛 even direct her on the steps to officially report the incident internally. Her employer gave her the impression what happened to her was 鈥渁n isolated incident,鈥� and said they鈥檇 ensure her and the accused would never have to work on the same plane again.
The pilot was given a set of restrictions preventing him from flying over bodies of water.
鈥淚 had done all the correct things, and even still鈥� I was told no, I was told it鈥檚 your word against his, I was told be quiet about this.鈥�
Shortly after, she was placed on medical leave for PTSD.
In 2015, five years after she lodged her initial complaint, Lewis received a phone call that would open her eyes. The call came after she had spoken out at a training course in Calgary for pilots and flight attendants about a need for more sexual assault and harassment training at the company. The caller, another woman who worked for WestJet, said she too had been sexually assaulted by the same pilot.
Finding her 鈥渂rought a lot of truth,鈥� to how Lewis had felt the experience with reporting played out.
鈥淭he reality is that happened to me because there is a whole culture that has allowed these males to be predatory 鈥� to practice their predatory nature,鈥� Lewis said. 鈥淎nd that is a huge injustice.鈥�
| Mandalena Lewis speaks at a Me Too rally in Vancouver. (Ashley Wadhwani/Black Press Media) |
Lewis said she鈥檚 made peace with the fact she can鈥檛 go after the pilot directly 鈥� even though he could be doing what she says he did to her, to someone else.
鈥淗e took advantage of a system, that鈥檚 how I see it. And that鈥檚 a healthier way for me to see it because, again, it鈥檚 not just the one, it鈥檚 many,鈥� she said.
She鈥檚 also prepared for an uphill and bloody battle to make their voices heard.
While her lawyers prepared her to be slut-shamed, and targeted as someone spewing lies, her own family has also tried to protect her.
鈥淭here were so many people when I first started on this battle that told me not to do it because they love me,鈥� she said. 鈥淎nd I had to almost like cut those people out. Because I have gotten to this point as a survivor that nothing else really matters to me鈥� I know 鈥� not just in my gut and not just in my own experience 鈥� but from everyone who鈥檚 contacted me鈥� it鈥檚 bigger than me.鈥�
None of Lewis鈥� allegations have been proven in court.
On Dec. 15, a B.C. Supreme Court judge denied WestJet鈥檚 bid to toss out the lawsuit, which argued that the workers鈥� compensation board or human rights tribunal would be a more appropriate venue for the complaint rather than the courts.
WestJet said it will not comment on ongoing legal proceedings, responding to Black Press inquiries with the following statement:
鈥淲e are committed to fostering a harassment-free workplace where all employees are treated with respect and dignity. We encourage our employees to report any behaviour that may violate our policies via our confidential and anonymous whistleblower hotline or to any member of our leadership team.鈥�
Employers can reverse and heal innapropriate workplace culture
So what does the average Canadian workplace need to do to become safer for all employees?
According to professionals in the field, employers can get ahead of potential claims by condemning the harassment in its most subtle forms before it evolves into a serious problem.
鈥淭hose policies need to not to just exist, but be visible, be talked about, be included in orientation, (and) be accompanied by training by employees so that the whole workplace has a clear understanding of what kind of behaviour constitutes harassment and discrimination and won鈥檛 be tolerated,鈥� Laura Track, a human rights lawyer with CLAS鈥檚 Human Rights Clinic said.
Hugh Pelmore, president and CEO of the workplace conflict resolution firm ARETE Safety, said some workplaces with 200 to 300 employees 鈥� realizing the gaps in their own policies 鈥� have been soliciting his company to come in and teach harassment training.
鈥淚t鈥檚 the talk in the lunchroom right now,鈥� he said.
According to Pelmore a lot of the training focuses on dismantling 鈥渃onflict-avoidance鈥� and 鈥渋naction鈥� 鈥� two components of the workplace that fellow employees can play a big part in when seeing harassment play out in public. Through practical changes, ARETE Safety鈥檚 training puts employees in hypothetical situations to show strategies on how to intervene in real situations before those situations become formal complaints.
From jokes to more overt behaviour, Lewis said she started noticing how common these incidences were, cultivating a harassment-prone workplace.
鈥淲hen I was going up this trajectory, I was realizing it was everywhere.鈥�
At the foundation of it all is bystander apathy. Also called the bystander effect, it鈥檚 what happens when not enough coworkers speak out when they see harassment, Lewis said.
鈥淭here isn鈥檛 enough people stepping in to say 鈥榯hat鈥檚 not okay, that鈥檚 not funny 鈥� we鈥檙e not laughing. It鈥檚 understandable when it鈥檚 taken to the next level of being physically assaulted or abused that you still are sort of required in this environment to be quiet. It鈥檚 that power issue.鈥�
Pelmore said reasons why an employee or their witnessing colleague might not speak up often include fear of conflict, fear of embarrassment and fear of reprisals.
| High Pelmore hosts large-scale training session on "unwanted behaviours" in the workplace. (Submitted) |
Training hopefully initiates a reset, or gives some employees a light-bulb moment where a culture shift changes and 鈥淲ould you mind not doing that anymore?鈥� becomes a respected response that鈥檚 taken seriously before things become serious, Pelmore said.
And when training doesn鈥檛 work, strong policies are integral
Where certain employees are lacking the self-awareness to realize they鈥檙e crossing the line, a 鈥減olicy with teeth,鈥� is integral.
From a write-up to a suspension, consequences, discipline and possible dismissal are possibilities that need to be painted clearly in the employee handbook, Pelmore said.
In order to be adequate, the policy also needs to acknowledge what sexual harassment typically looks like, Track said.
鈥淲oman are significantly more likely to experience sexual harassment in their workplace than men,鈥� she said 鈥� a pattern linked to women continuing to occupy more lower-paying, lower-authority jobs.
鈥淭he policy needs to deal with complaints from all possible sources, but also [when] the harasser is the manager, the executive director or the CEO.鈥�
It could be upward of a year before a decision is made in the Lewis case. For the now-32-year-old, that鈥檚 another year of that night in 2010 casting a shadow of injustice.
But underneath the back-and-forth of litigation, she said, is a situation that no employer or company will be able to ignore anymore.
鈥淚鈥檓 really hoping that it creates a cascading effect,鈥� she said, 鈥渢hat we need to address these issues and start creating a space where we can address these things, confront them.鈥�
Chrous of voices show the strength in numbers
As Me Too shows no signs of slowing, and as each new woman braves the camera to share her story, another finds the courage to come forward, too.
鈥淲omen are starting to take back our voices and are creating the catharsis for ourselves and creating our own paths,鈥� Lewis said.
The many B.C. women to recently add their voices to the Me Too chorus seem to agree.
鈥淚t鈥檚 basically 鈥渉ash tag who鈥檚 next?鈥� Anita Roberts said. 鈥淏ecause as women begin to find their voices and, as I said earlier in the interview, men are scrolling back into their best behaviours going 鈥榦h my god did I cross the line?鈥� And literally freaking out that someone is going to call them on it.
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After initially being afraid and embarrassed to type 鈥楳e Too鈥� into her Facebook status, Krista Loughton says doing so actually proved to be cathartic. She thinks real change is coming.
鈥淚t鈥檚 not like it鈥檚 going to happen tomorrow, but maybe in the next two or three generations, maybe we can see a world that鈥檚 more inclusive for all of us,鈥� she said.
鈥淪o I think it鈥檚 awesome. Thank you Harvey Weinstein. For being a total dick. But look at what is going to come of that.鈥�
Lewis hopes that employers will start to realize it鈥檚 not only beneficial to the female employees to ensure a harassment-free workplace, but one that helps the employer by ridding barriers that hinder many woman from promotions into positions of power 鈥� creating a more equal dialogue at the top.
鈥淲hat I鈥檓 hoping for this 鈥� the biggest thing 鈥� is that women can see that this courage is very contagious, and given the right tools and the give the solidarity of one another we can create huge change 鈥� like a widespread change,鈥� she said.
Perhaps Leona Huggins of SNAP (Survivors Network of those Abused by Priests) Vancouver summed it up at an October Me Too rally in Vancouver.
鈥淲e need to recognize that this Me Too movement goes well beyond Hollywood, politics, U.S. gymnastics, Canadian skiing and junior hockey,鈥� she said.
鈥淪exual violence permeates many areas of our lives, so let鈥檚 commit to ending it, let us commit to speak out when we see predatory behaviour, let us commit to believe survivors whatever walk of life they come from.
鈥淟et us commit to hold our institutions accountable, insist that those who are found to have committed sexual violence are removed from their positions of power.
鈥淲e don鈥檛 need any more members in the #MeToo club.鈥�
- With files from Arnold Lim
