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, finalized in June, were approved by a British Columbia judge on Monday. WestJet expressed satisfaction in reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’ allegations of being sexually assaulted by a pilot during a layover in Hawaii in 2010. Subsequently, in 2016, additional female employees of the airline came forward, leading to the case being granted class-action status by the B.C. Court of Appeal in 2022. The flight attendants claimed that WestJet did not offer a safe work environment with adequate anti-harassment measures.
Despite expressing relief that the case has concluded, Lewis conveyed disappointment in feeling that the plaintiffs did not receive full justice due to the nominal dollar amount and WestJet not admitting wrongdoing in the settlement agreement. Lewis stated that she had to vigorously advocate for the outcome achieved.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees. Each flight attendant involved in the lawsuit is expected to receive approximately $400. Lewis mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet emphasized its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and fostering a culture of empowerment. As part of the settlement terms, the airline will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, underreporting levels, and improve reporting and response mechanisms.
Lewis described the legal process as a “nightmare,” highlighting the profound emotional and physical toll of supporting numerous former flight attendants who encountered sexual harassment. She underscored that sexual assault and harassment of female flight attendants remain significant systemic issues within the airline industry.
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 absolves the company from individual liability claims that could have been more financially burdensome. Coratti noted that class-action lawsuits often yield lower monetary compensation for individual plaintiffs, with legal fees typically benefiting lawyers.
In a related development, a separate flight attendant alleged a similar sexual assault by the pilot in 2008. WestJet faced accusations in the settled class-action suit of breaching employment contracts by failing to implement an effective anti-harassment program between April 4, 2016, and Feb. 28, 2021, which the airline denied. The compensation basis focused on costs avoided by WestJet’s alleged inadequate anti-harassment program rather than compensating the flight attendants for suffered damages.