Qantas pilot vows to continue sex discrimination lawsuit despite Federal Court setback

A Qantas pilot suing the airline for sexual harassment and discrimination is fighting on, despite a setback in her Federal Court case.

A Qantas pilot suing her employer for sex discrimination has had a setback in her legal battle, after a Federal Court judge refused to accept an updated version of her complaint.

Davida Forshaw first filed her lawsuit against Qantas in late 2022, alleging she was the victim of sexual harassment and discrimination during more than two decades with the airline.

An outspoken advocate for gender equality, Ms Forshaw claimed her career was hindered by male superiors who made inappropriate remarks and advances.

In one of the most damning allegations, Ms Forshaw claimed she was told she would “do a lot better” if she went blonde and wore a push-up bra.

Her lawsuit claimed she was subjected to “improper conduct” in the performance of her duties, and required to perform at a higher standard during training compared to her male counterparts.

In one instance, Ms Forshaw alleged she was given a report of poor performance after rejecting a captain’s sexual advances.

Qantas managed to have parts of her original claim struck out, after unsuccessfully applying to the court to have the matter dismissed.

Ms Forshaw then sought to lodge a further amended statement of claim to advance her claims that the Qantas workplace “was hostile for women”.

However, in his ruling denying the application, Justice John Snaden found Ms Forshaw had failed to provide a “precise and intelligible articulation” of her allegations.

“What is the higher standard referred to? What is the career progress referred to?” questioned Justice Snaden.

“Should that be understood to assert that there are no female employees who have progressed their careers as quickly as any of their male counterparts?”

Pilot Davida Forshaw. Picture: Andrew Tauber

Justice Snaden went on to say it was “simple enough” to say Qantas had failed its female employees in some way, but if Ms Forshaw had a basis for such allegations “she should say so”.

“Respectfully, the proposed further amended statement of claim remains objectionable, in that parts of it remain embarrassing, and in material respects, fail to disclose an arguable cause of action,” said Justice Snaden’s ruling.

In the justice system, an embarrassing claim means it’s susceptible to several meanings, or is inconsistent or unintelligible.

Costs were reserved, and Ms Forshaw and Qantas were ordered to confer on how the case should proceed.

Ms Forshaw’s solicitor, Josh Bornstein of Maurice Blackburn, said the court decision related “only to one of Ms Forshaw’s claims”.

“The balance of claims of sexual harassment and unlawful discrimination against Qantas remain,” Mr Bornstein said.

A Qantas spokesman maintained the company’s position that the airline had investigated Ms Forshaw’s complaint after she was unsuccessful in a module required to be promoted to captain.

“We have zero tolerance for bullying or discrimination and take allegations extremely seriously,” the spokesman said.

“The employees she accused of discrimination or misconduct were stood down from work while we investigated. The claims of discrimination were not substantiated.”

Although Ms Forshaw was still considered a Qantas employee, she has not flown for the airline since late 2021.

Originally published as Qantas pilot vows to continue sex discrimination lawsuit despite Federal Court setback