WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated 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, received approval from a B.C. judge on Monday. WestJet expressed satisfaction with reaching a resolution.
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 filing in 2016, additional female employees of the airline came forward, leading to the case being officially recognized as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet failed to establish a safe work environment with appropriate anti-harassment protocols.
In an interview with CBC News, Lewis shared her relief that the case has concluded but expressed disappointment in what she perceived as a lack of complete justice for the plaintiffs. She mentioned feeling disheartened by the nominal monetary compensation and the absence of an admission of wrongdoing by WestJet as part of the settlement terms.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per flight attendant involved in the lawsuit. Lewis noted that the judge reduced her previously agreed-upon honorarium in the settlement from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operational and training aspects focused on the well-being and safety of all its employees. The airline also emphasized its dedication to promoting an empowering organizational culture.
As part of the settlement agreement, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment in the workplace, identify underreporting tendencies, and enhance reporting and response mechanisms.
Lewis described her experience throughout the legal process as a “nightmare,” highlighting the significant physical and emotional toll of supporting numerous former flight attendants who shared their sexual harassment encounters. She emphasized that the issue of sexual assault and harassment against female flight attendants remains deeply ingrained in the airline industry.
Lewis reported the 2010 assault to her superiors and the RCMP, with charges being filed by the U.S. federal prosecutor in Maui. Subsequently, another flight attendant alleged being sexually assaulted by the same pilot in 2008. In 2016, WestJet terminated Lewis for insubordination after she demanded access to her employment record to ascertain the airline’s actions regarding her complaint.
The class-action lawsuit settled on Monday alleged that between April 4, 2016, and Feb. 28, 2021, WestJet breached employment contracts with female flight attendants by failing to implement and sustain an effective anti-harassment program. WestJet refuted these allegations, stating that the compensation was based on costs avoided through the absence of such a program rather than compensation for the flight attendants’ suffered harms.
Lawyer Joshua Coratti from the Toronto-based employment law firm Ball Professional Corporation viewed the settlement as favorable for WestJet, noting that it shields the company from individual liability claims that could have been more financially burdensome. He highlighted that while class-action lawsuits often result in reduced monetary outcomes for individual plaintiffs, they serve to discourage inappropriate behaviors and promote compliance with regulations within organizations.