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 a decade ago. The lead plaintiff and her attorney confirmed that a British Columbia judge recently approved the settlement terms, which were finalized in June. WestJet expressed satisfaction with the settlement in a statement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s allegations of a pilot 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 by the B.C. Court of Appeal in 2022.
The flight attendants claimed that WestJet failed to furnish a safe work environment with proper anti-harassment measures. While Lewis expressed relief that the case has concluded, she voiced disappointment that the plaintiffs did not receive what she considers “full justice.” She specifically mentioned feeling disheartened by the nominal dollar amount and WestJet not admitting wrongdoing as part of the settlement agreement.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, inclusive of legal fees, amounting to approximately $400 per flight attendant involved in the lawsuit. Lewis noted that the judge reduced her stipulated honorarium in the settlement from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and foster an empowering culture. As part of the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, levels of underreporting, and ways to enhance reporting and response systems.
In an affidavit, Lewis emphasized the physical and emotional toll of supporting numerous former flight attendants who shared their sexual harassment experiences. She described the legal process as a “nightmare” and underscored the ongoing issue of sexual assault and harassment faced by female flight attendants within the aviation industry.
Lewis reported the alleged 2010 assault to her superiors and the RCMP, leading to charges being laid by the U.S. federal prosecutor in Maui. Another flight attendant later came forward, alleging a similar incident involving the same pilot in 2008. In 2016, WestJet terminated Lewis for insubordination after she persistently requested access to her employment record regarding the handling of her complaint.
The class-action lawsuit contended that WestJet violated employment contracts with female flight attendants by failing to establish and maintain an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021. WestJet denied the allegations, with compensation being based on costs the airline purportedly avoided by not implementing an effective anti-harassment program.
Legal expert Joshua Coratti from Ball Professional Corporation in Toronto viewed the settlement as beneficial for WestJet, as it shields the company from potential higher costs associated with individual claims. Coratti highlighted that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees typically being substantial. He emphasized the deterrent effect such settlements can have on companies engaging in misconduct.