WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit that was initiated ten years ago and involved over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were finalized in June, were approved by a judge in British Columbia on Monday. WestJet expressed satisfaction with reaching a settlement in a statement.
The lawsuit stemmed from allegations made by former flight attendant Mandalena Lewis, who claimed she was sexually assaulted by a pilot during a layover in Hawaii in 2010. Subsequently, more women who had worked for the airline came forward after Lewis filed the lawsuit in 2016, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022.
The flight attendants accused WestJet of failing to provide a safe working environment with sufficient anti-harassment measures. Lewis, speaking to CBC News, expressed relief that the case has concluded, although she believes the plaintiffs did not receive “full justice.” She expressed disappointment in the nominal amount of the settlement and the fact that WestJet did not admit liability under the agreement.
The $4.5 million settlement will be divided among the 3,452 flight attendants involved in the suit after deducting expenses, including legal costs. Each flight attendant is expected to receive approximately $400 from the settlement. Additionally, the judge reduced Lewis’s agreed-upon honorarium to $10,000 from $20,000.
WestJet informed CBC News via email that they are committed to enhancing their operations and training to prioritize the safety and well-being of all employees, aiming to foster a culture of empowerment. As part of the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, the extent of underreporting, and how to improve reporting and response systems.
Describing the legal process as a ‘nightmare,’ Lewis revealed that supporting over 100 former flight attendants in sharing their sexual harassment experiences took a toll on her physically and emotionally. She emphasized that sexual assault and harassment of female flight attendants are deep-rooted issues in the airline industry.
Lewis reported the alleged 2010 assault to her managers and the RCMP, who contacted Maui police at the time. Another flight attendant later came forward, alleging she had also been assaulted by the same pilot in 2008. In 2016, Lewis was terminated by the airline for insubordination after seeking access to her employment record to ascertain WestJet’s actions regarding her complaint.
The class-action suit alleged that WestJet breached employment contracts by failing to establish an adequate anti-harassment program for female flight attendants between April 4, 2016, and Feb. 28, 2021. WestJet refuted these claims, stating that the compensation sought was related to costs avoided by the airline due to the alleged lack of an anti-harassment program, rather than compensating the flight attendants for damages suffered.
According to Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, the settlement appears favorable for WestJet as it shields the company from potential individual claims that could be more financially burdensome. Coratti explained that in class-action lawsuits, the monetary value for each plaintiff is typically lower, with legal fees often being significant beneficiaries.
This settlement underscores the importance of deterring similar conduct in the future and encouraging companies to uphold workplace standards to prevent large-scale violations.