WestJet has reached a settlement of $4.5 million in a sexual harassment class-action lawsuit that was initiated ten years ago and involved over 3,000 flight attendants. The lead plaintiff and her lawyer confirmed that a British Columbia judge recently approved the settlement terms, which were finalized back in June. WestJet expressed satisfaction with the resolution in a 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. Following the lawsuit’s launch in 2016, additional women who were employed by 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 alleged that WestJet had failed to provide a safe workplace with adequate anti-harassment measures. Lewis, speaking to CBC News, expressed relief that the case had concluded but voiced disappointment in feeling that the plaintiffs did not receive complete justice. She mentioned feeling disheartened by the nominal dollar amount and the fact that WestJet did not admit fault as part of the agreement.
The $4.5 million settlement will be distributed among 3,452 flight attendants after accounting for expenses, including legal fees. This translates to approximately $400 per flight attendant involved in the lawsuit. Moreover, Lewis noted that the judge had reduced her expected honorarium from $20,000 to $10,000.
WestJet, in correspondence with CBC News, stated its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and foster a culture of empowerment. As per the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment focusing on identifying harassment prevalence, underreporting extent, and enhancing reporting and response mechanisms.
Lewis described the legal process as a “nightmare” in an affidavit, emphasizing the significant physical and emotional toll of supporting numerous former flight attendants regarding their harassment experiences. She highlighted the ongoing issue of sexual assault and harassment faced by female flight attendants within the airline industry.
Furthermore, it was revealed that another flight attendant had reported a similar assault by the same pilot in 2008. Lewis herself was terminated by the airline in 2016 for insubordination following her persistent requests to review her employment record for actions taken on her complaint.
The class-action suit contended that WestJet had violated employment contracts by failing to implement and maintain an effective anti-harassment program for female flight attendants between April 4, 2016, and Feb. 28, 2021. WestJet refuted these allegations, and the compensation basis focused on the costs the airline allegedly avoided by not implementing a robust anti-harassment program.
According to Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto specializing in employment law, the settlement appears favorable for WestJet as it shields them from individual liability claims that could have been more financially burdensome. Coratti emphasized that while class-action lawsuits may result in lower individual compensation, they serve to deter companies from engaging in behavior that violates regulations and may lead to more cautious conduct in the future.
