WestJet has agreed to settle a sexual harassment class-action lawsuit dating back a decade, involving over 3,000 flight attendants, by paying $4.5 million, according to the lead plaintiff and her legal representative. The terms of the settlement were approved by a B.C. judge on Monday after being finalized in June. WestJet expressed satisfaction with reaching a settlement.
The lawsuit was initiated by former flight attendant Mandalena Lewis, who alleged being sexually assaulted by a pilot during a layover in Hawaii in 2010. Following the lawsuit in 2016, other female employees of the airline joined, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022. The flight attendants claimed that WestJet failed to ensure a safe working environment with proper anti-harassment measures.
Lewis stated to CBC News that while she is relieved the case has concluded, she feels the plaintiffs did not receive “full justice.” She expressed disappointment with the symbolic amount awarded and the lack of acknowledgment of wrongdoing by WestJet under the settlement terms.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per attendant involved in the lawsuit. Lewis also mentioned that the judge reduced her agreed honorarium from $20,000 to $10,000.
WestJet communicated to CBC News via email its commitment to enhancing operations and training, focusing on the safety and well-being of its employees and promoting a culture of empowerment. As part of the settlement, WestJet will engage a third-party consultant to assess the workplace, evaluate harassment prevalence, underreporting extent, and enhance reporting and response systems.
Describing the legal process as a ‘nightmare,’ Lewis highlighted the pervasive issue of sexual assault and harassment faced by female flight attendants, emphasizing the need for systemic change in the airline industry. She reported the assault to her managers and the RCMP in 2010, leading to charges being laid by U.S. federal prosecutors in Maui.
Another flight attendant later disclosed to Lewis that she had also been assaulted by the same pilot in 2008. Lewis was terminated in 2016 for insubordination after pressing to review her employment record concerning WestJet’s response to her complaint.
The class-action lawsuit alleged that WestJet breached employment contracts with female flight attendants by failing to implement an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021, which WestJet denied.
According to Joshua Coratti, an associate lawyer at Ball Professional Corporation, the settlement appears favorable for WestJet as it shields the airline from individual liability claims that could have been more costly. Coratti noted that class-action lawsuits often result in lower monetary value for individual plaintiffs, with legal fees being a significant component. He suggested that such settlements serve as a deterrent against similar violations by companies.
