WestJet has agreed to settle a decade-old sexual harassment class-action lawsuit involving over 3,000 flight attendants by paying $4.5 million, as confirmed by the lead plaintiff and her legal representative. The settlement terms, finalized in June, received approval from a B.C. judge on Monday. WestJet expressed satisfaction with the settlement outcome.
The lawsuit stemmed from allegations made by former flight attendant Mandalena Lewis, who accused a pilot of 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 in 2022 by the B.C. Court of Appeal.
Flight attendants involved in the suit claimed that WestJet failed to establish a safe work environment with sufficient anti-harassment measures. Although Lewis expressed relief that the case had concluded, she felt that the settlement did not deliver complete justice. She conveyed disappointment with the nominal financial compensation and WestJet’s lack of admission of wrongdoing in the agreement.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per individual involved in the lawsuit. Lewis mentioned that the judge reduced her expected honorarium from $20,000 to $10,000 as part of the settlement.
WestJet stated its commitment to enhancing operational and training practices to prioritize the safety and well-being of its employees and fostering a culture of empowerment. As per the settlement terms, the airline will engage a third-party consultant to conduct a workplace assessment aimed at gauging the prevalence of harassment, addressing underreporting, and enhancing reporting and response mechanisms.
Lewis described the legal process as a “nightmare,” detailing the physical and emotional toll she endured while supporting numerous former flight attendants in sharing their harassment experiences. She emphasized that sexual assault and harassment remain entrenched problems in the airline industry, asserting her motivation to stand up for herself and others who have faced similar challenges.
Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, regarded the settlement as favorable for WestJet, noting that it shields the company from potential costly individual claims and legal liabilities. He highlighted the deterrent effect of such settlements in discouraging companies from engaging in systemic violations.
Lewis disclosed that she had reported the alleged assault to management and law enforcement, leading to charges in Maui, although the pilot could not be arrested unless he returned to the island. Another flight attendant later came forward with similar allegations against the same pilot, reinforcing the longstanding issue of harassment within the industry.
The class-action lawsuit accused WestJet of breaching employment contracts by failing to implement and maintain an effective anti-harassment program for female flight attendants. While WestJet denied these claims, the compensation sought was based on the costs the airline purportedly saved by inadequately addressing harassment issues, rather than compensating the attendants for their suffering.