WestJet has agreed to a $4.5 million settlement to resolve a sexual harassment class-action lawsuit filed over ten years ago by 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, were approved by a British Columbia judge on Monday. WestJet expressed satisfaction with reaching a resolution.
The lawsuit originated when former flight attendant Mandalena Lewis accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Subsequently, 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. Allegations from the flight attendants centered around WestJet’s failure to establish a secure work environment with adequate anti-harassment safeguards.
Despite feeling relieved that the case has come to an end, Lewis expressed disappointment with what she perceives as an inadequate level of justice for the plaintiffs. She highlighted her dissatisfaction with the nominal financial compensation and the absence of a formal admission of wrongdoing by WestJet as part of the agreement.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal costs, amounting to approximately $400 per participant. Lewis also mentioned that the judge reduced her previously agreed-upon honorarium from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operational procedures and training to prioritize the safety and well-being of its employees while promoting a culture of empowerment. As part of the settlement terms, the airline will engage a third-party consultant to conduct a workplace assessment addressing harassment prevalence, underreporting levels, and the enhancement of reporting and response mechanisms.
Reflecting on her experiences throughout the legal process, Lewis described it as a “nightmare,” particularly the emotional and physical toll of supporting numerous former flight attendants who shared their harassment encounters. She emphasized that sexual assault and harassment remain pervasive issues within the airline industry, characterizing them as deeply rooted systemic challenges.
Lewis disclosed that she reported the alleged assault to her superiors and the RCMP, leading to charges being laid by U.S. authorities in Maui. Another flight attendant later approached Lewis with similar allegations against the same pilot, dating back to 2008. In 2016, Lewis was terminated for insubordination after persistently requesting access to her employment record to ascertain WestJet’s response to her complaint.
The class-action suit contended that WestJet violated employment agreements with female flight attendants by failing to implement and sustain an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021, a claim WestJet denied. The compensation sought was based on the expenses purportedly avoided by WestJet due to the absence of an effective anti-harassment program, rather than compensating the attendants for their experienced harms.
Legal expert Joshua Coratti from the Toronto-based law firm Ball Professional Corporation viewed the settlement favorably for WestJet, noting that it shields the company from potentially higher individual claims. He outlined that while class-action lawsuits often result in lower financial recoveries for individual plaintiffs, they can serve as a deterrent against future misconduct by companies.
The resolution of the case signifies a significant milestone for the involved parties, albeit with mixed feelings regarding the adequacy of the outcome.
