WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit involving over 3,000 flight attendants that was initiated ten years ago, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were finalized in June, were approved by a B.C. judge on Monday. WestJet expressed satisfaction with reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’ claim that she was sexually assaulted by a pilot during a layover in Hawaii in 2010. Following the filing of the lawsuit in 2016, other female airline workers came forward, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022. The flight attendants accused WestJet of failing to provide a safe work environment with proper anti-harassment measures.
Despite feeling relieved that the case has concluded, Lewis expressed disappointment that the plaintiffs did not receive what she considers “full justice.” She found the symbolic monetary amount and WestJet’s lack of admission of wrongdoing under the settlement terms disheartening.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting expenses, including legal fees, amounting to roughly $400 per flight attendant involved in the lawsuit. Lewis also noted that the judge reduced her honorarium from $20,000 to $10,000 as per the settlement agreement.
WestJet stated in an email to CBC News its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and foster a culture of empowerment. As part of the settlement, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, underreporting levels, and improve reporting and response mechanisms.
Describing the legal process as a “nightmare,” Lewis emphasized that sexual assault and harassment of female flight attendants are deep-rooted issues within the airline industry that persist today. She undertook the legal battle not just for herself but for other flight attendants who have experienced similar challenges.
Additionally, a lawyer, Joshua Coratti from the Toronto-based employment law firm Ball Professional Corporation, opined that the settlement favored WestJet by absolving them of individual liability claims that could have been more financially burdensome. He suggested that such settlements can deter companies from engaging in behavior that violates regulations and norms.
