WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit that was initiated ten years ago, involving over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms were approved by a B.C. judge on Monday, following finalization in June. WestJet expressed satisfaction in reaching the settlement.
The lawsuit began in 2016 when former flight attendant Mandalena Lewis accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Subsequently, other female employees of the airline joined the case, leading to its certification as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet had not provided a safe working environment with adequate anti-harassment measures.
Despite a sense of relief that the case has concluded, Lewis expressed disappointment in not achieving what she considers “full justice.” She mentioned feeling disheartened by the symbolic financial compensation and the absence of an admission of wrongdoing by WestJet as part of the agreement.
The $4.5 million settlement will be divided among 3,452 flight attendants after accounting for expenses, including legal fees, equating to around $400 per flight attendant involved in the lawsuit. Lewis also noted that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet stated its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and promote a culture of empowerment. As per the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, underreporting, and ways to enhance reporting and response systems.
Reflecting on the legal process, Lewis described it as a “nightmare,” highlighting the extensive emotional and physical toll of supporting numerous former flight attendants who shared their harassment experiences. She emphasized that sexual assault and harassment of female flight attendants represent an enduring systemic issue within the aviation industry.
Regarding the case, WestJet refuted the allegations of breaching employment contracts by failing to implement and maintain an adequate anti-harassment program. The compensation was based on costs purportedly avoided by WestJet due to its alleged inadequate anti-harassment measures, rather than compensating the flight attendants for the harm endured.
Lawyer Joshua Coratti from Ball Professional Corporation viewed the settlement favorably for WestJet, suggesting it absolved the company from potentially costlier individual claims. He noted that while class-action lawsuits may yield lower monetary rewards for individual plaintiffs, they serve as a deterrent against misconduct and encourage companies to refrain from widespread violations.