WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit initiated a decade ago involving over 3,000 flight attendants, as per the lead plaintiff and her legal representative. The terms of the settlement, which were finalized in June, were approved by a B.C. judge on Monday. WestJet expressed being “pleased” to have reached an agreement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s allegations of a pilot sexually assaulting her during a layover in Hawaii in 2010. Subsequently, in 2016, other female employees of the airline shared their experiences, leading to the certification of the case as a class action by the B.C. Court of Appeal in 2022.
Flight attendants involved in the lawsuit claim that WestJet did not establish a safe working environment with sufficient anti-harassment measures. Despite feeling some relief that the case is concluded, Lewis stated to CBC News that she believes the plaintiffs did not receive “full justice.” She expressed disappointment with the nominal dollar amount and WestJet’s failure to acknowledge any wrongdoing as part of the settlement terms.
Following the settlement, the $4.5 million will be divided among 3,452 flight attendants after deducting expenses, including legal fees. This equates to approximately $400 per flight attendant who participated in the lawsuit. Additionally, Lewis mentioned that the judge decreased her honorarium from the agreed $20,000 to $10,000.
WestJet informed CBC News via email that they are “committed to strengthening our operations and training, focused on the safety and well-being of all WestJetters” and are dedicated to promoting a culture of empowerment. As part of the settlement, WestJet will engage a third-party consultant to conduct a workplace assessment to identify the prevalence of harassment, underreporting levels, and ways to enhance reporting and response mechanisms.
Lewis described her involvement in the legal process as a “nightmare,” emphasizing that sexual assault and harassment of female flight attendants persist as deep-rooted issues within the airline industry. She highlighted her motivation for taking action to address the problem not only for herself but also for other flight attendants who have faced similar challenges.
In a separate development, it was revealed that another flight attendant alleged being sexually assaulted by the same pilot in 2008. Lewis reported the 2010 assault to her managers and the RCMP, resulting in charges being laid by U.S. federal prosecutors in Maui, although no arrest was made at the time due to jurisdictional constraints.
The class-action suit contended that WestJet breached female flight attendants’ employment contracts by failing to implement and maintain an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021. WestJet denied these allegations, stating that the compensation sought was related to costs avoided by the airline’s alleged failure to establish an effective anti-harassment program rather than compensating for the attendants’ suffered harms.
According to Joshua Coratti, an associate lawyer at the Toronto-based employment law firm Ball Professional Corporation, the settlement appears advantageous for WestJet as it shields the company from individual liability claims, which could have been more financially burdensome. He emphasized that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees typically benefiting lawyers more. Coratti also noted that such settlements can serve as a deterrent against future violations by companies.