WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit dating back a decade involving over 3,000 flight attendants, confirmed by the lead plaintiff and her legal representative. The settlement terms, officially approved by a British Columbia judge on Monday after being finalized in June, were met with satisfaction by WestJet, as expressed in their statement.
The lawsuit was initiated by former flight attendant Mandalena Lewis, who accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Subsequently, in 2016, additional female employees of the airline came forward, leading to the case being granted class action status by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet had failed to provide a safe work environment with sufficient anti-harassment protocols.
Speaking to CBC News, Lewis expressed relief that the case had concluded, although she felt the plaintiffs had not achieved “full justice.” She mentioned feeling disheartened by the nominal compensation amount and the absence of an admission of wrongdoing by WestJet as part of the agreement.
The $4.5 million settlement will be divided among the 3,452 flight attendants involved in the suit after deducting expenses, including legal costs, amounting to approximately $400 per flight attendant. Lewis also mentioned that the judge had reduced her agreed-upon honorarium in the settlement from $20,000 to $10,000.
WestJet informed CBC News via email of their commitment to enhancing operational procedures and training to prioritize the safety and well-being of their employees, aiming to foster a culture of empowerment. 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 issues, and improve reporting and response mechanisms.
In an affidavit, Lewis described the legal process as a “nightmare,” detailing the physical and emotional toll of supporting numerous former flight attendants who shared their sexual harassment experiences. She emphasized that the mistreatment of female flight attendants remains a deeply ingrained issue within the airline industry, highlighting the importance of her advocacy efforts.
Lewis disclosed that she had reported the alleged assault to her superiors and the RCMP, with charges being laid by the U.S. federal prosecutor in Maui, although the pilot could only be arrested upon returning to the island. Another flight attendant later approached Lewis, alleging a similar assault by the same pilot in 2008.
The class-action lawsuit alleged that WestJet had violated employment contracts with female flight attendants by failing to implement and maintain a sufficient anti-harassment program between April 4, 2016, and Feb. 28, 2021, a claim denied by WestJet. The compensation basis was linked to costs WestJet purportedly saved by not having an effective anti-harassment program, rather than compensating the flight attendants for their hardships.
Legal expert Joshua Coratti from Ball Professional Corporation in Toronto viewed the settlement as advantageous for WestJet, relieving them of individual liability claims that could have been more financially burdensome. He noted that while class-action suits often result in less monetary compensation for each plaintiff, they can serve as a deterrent against future misconduct by companies.