WestJet has reached a $4.5 million settlement in a sexual harassment class-action lawsuit involving 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 B.C. judge on Monday. WestJet expressed satisfaction in reaching this settlement.
The lawsuit stemmed from an incident in 2010 where former flight attendant Mandalena Lewis accused a pilot of sexually assaulting her during a layover in Hawaii. Following the initiation of the lawsuit in 2016, additional female employees of the airline came forward, resulting in the case being certified as a class action by the B.C. Court of Appeal in 2022.
The flight attendants alleged that WestJet failed to provide a safe working environment with adequate anti-harassment measures. Despite the settlement, Lewis expressed mixed feelings, stating that while she is relieved that the case has concluded, she believes the plaintiffs did not receive complete justice. She expressed disappointment in the symbolic nature of the monetary compensation and the absence of an admission of wrongdoing by WestJet.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees. This equates to approximately $400 per flight attendant involved in the lawsuit. Additionally, Lewis mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet affirmed its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, emphasizing the promotion of 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, the extent of underreporting, and ways to enhance reporting and response mechanisms.
Describing the legal process as a “nightmare,” Lewis highlighted the pervasive issue of sexual assault and harassment faced by female flight attendants within the airline industry. She underscored her motivation for taking legal action to address the systemic problem and provide support to others who have experienced similar situations.
Notably, another flight attendant alleged that she was sexually assaulted by the same pilot in 2008. Lewis reported the 2010 assault to her managers and the RCMP, leading to charges being laid by the U.S. federal prosecutor in Maui. However, no arrest was made at the time.
In response to the lawsuit’s allegations, WestJet denied breaching employment contracts and maintained that the compensation was linked to costs avoided due to the lack of an adequate anti-harassment program, rather than compensating for harm suffered by the flight attendants.
Regarding the settlement, Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, viewed it as advantageous for WestJet, as it shields the company from individual liability claims that could have been more financially burdensome. He explained that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees being a significant beneficiary. Coratti highlighted the potential deterrent effect such settlements can have on companies engaging in misconduct.