WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated over ten years ago by more than 3,000 flight attendants, as confirmed by the lead plaintiff and legal counsel. The settlement terms were recently approved by a British Columbia judge following their finalization in June. WestJet expressed satisfaction with the settlement in a statement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s allegations of a sexual assault by a pilot during a layover in Hawaii in 2010. Subsequent to Lewis filing the lawsuit in 2016, other female airline employees joined in, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022. The flight attendants contended that WestJet failed to provide a safe working environment with adequate anti-harassment measures.
Lewis expressed relief that the case has concluded but voiced disappointment regarding what she perceives as an insufficient resolution. She mentioned feeling disheartened by the nominal settlement amount and WestJet’s lack of admission of wrongdoing under the agreement terms, considering it a symbolic gesture rather than true justice.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, which translates to approximately $400 per flight attendant involved in the lawsuit. Lewis also noted that the judge reduced her agreed-upon honorarium payout from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operational and training processes to prioritize the safety and well-being of its employees while fostering a culture of empowerment. As part of the settlement conditions, WestJet will engage a third-party consultant to conduct a workplace assessment to gauge the prevalence of harassment, identify underreporting trends, and enhance reporting and response mechanisms.
Reflecting on her experience throughout the legal proceedings, Lewis described it as a “nightmare,” citing the physical and emotional toll of supporting numerous former flight attendants in addressing sexual harassment encounters. She emphasized that sexual assault and harassment remain pervasive issues for female flight attendants within the aviation industry, underscoring the systemic nature of the problem.
Additionally, Lewis disclosed that she reported the alleged 2010 assault to her managers and the RCMP, leading to charges being laid by U.S. federal prosecutors in Maui. Another flight attendant later came forward, alleging a similar assault by the same pilot in 2008. In a separate incident, Lewis was terminated by the airline in 2016 for insubordination after seeking access to her employment records to verify WestJet’s response to her complaint.
The class-action lawsuit settlement accused WestJet of breaching employment contracts with female flight attendants by failing to implement and maintain an adequate anti-harassment program between April 2016 and February 2021. WestJet refuted these claims, asserting that the compensation sought was linked to purported costs avoided due to the inadequate anti-harassment program implementation rather than direct harm suffered by the flight attendants.
Legal expert Joshua Coratti of Ball Professional Corporation, a Toronto-based employment law firm, viewed the settlement favorably for WestJet, noting that it shields the airline from potential individual claims that could have incurred higher costs. Coratti highlighted the typical outcome of class-action lawsuits, where individual plaintiffs receive relatively less monetary compensation, with legal practitioners often benefiting the most in terms of fees. He emphasized the deterrent effect such settlements can have on companies engaging in misconduct, encouraging improved compliance with regulations.
