WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit filed over ten years ago involving more than 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The terms of the settlement, which were finalized in June, were approved by a B.C. judge on Monday. WestJet expressed satisfaction with the agreement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’ allegations of a pilot sexually assaulting her during a layover in Hawaii in 2010. Following the initiation of the lawsuit in 2016, additional female employees of the airline came forward, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022. Flight attendants claimed that WestJet did not provide a safe working environment with adequate anti-harassment measures.
Lewis shared with CBC News that while she feels relieved that the case has concluded, she believes the plaintiffs did not receive complete justice. Expressing disappointment with the symbolic financial compensation and the absence of an admission of wrongdoing by WestJet, Lewis mentioned that she had to fiercely advocate for what they obtained.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees. Each flight attendant involved in the lawsuit is expected to receive around $400. Lewis further noted that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operations and training to prioritize the safety and well-being of its employees. As part of the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, underreporting levels, and ways to improve reporting and response mechanisms.
Lewis described the legal process as a “nightmare” in an affidavit, highlighting the physical and emotional toll of supporting numerous former flight attendants regarding their harassment experiences. She emphasized that sexual assault and harassment of female flight attendants remain significant issues within the aviation sector.
A lawyer from a Toronto employment law firm, Joshua Coratti, viewed the settlement as advantageous for WestJet, freeing them from individual liability claims that could have been more costly. Coratti explained that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees being a major beneficiary. He suggested that such settlements can discourage companies from engaging in widespread violations.
Overall, the settlement marks a milestone in addressing workplace harassment issues within the airline industry, though some involved parties express reservations about the adequacy of the resolution.
