WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated by over 3,000 flight attendants over a decade ago, 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 with the settlement outcome.
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. Following Lewis’s lawsuit in 2016, additional female employees of the airline came forward, 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 neglected to provide a safe working environment with appropriate anti-harassment measures.
Despite expressing relief that the case has concluded, Lewis voiced disappointment over what she perceives as a lack of complete justice for the plaintiffs. She criticized the settlement’s nominal dollar amount and WestJet’s refusal to admit wrongdoing as part of the agreement.
The $4.5 million settlement, after deducting expenses such as legal fees, will be distributed among 3,452 flight attendants involved in the lawsuit, averaging around $400 per individual. Lewis also mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet stated in an email to CBC News its commitment to enhancing operations and training for the safety and well-being of its employees, aiming to foster a culture of empowerment. Per the settlement terms, the airline will engage a third-party consultant for a workplace assessment to evaluate the prevalence of harassment, underreporting rates, and mechanisms to improve reporting and response systems.
In an affidavit, Lewis highlighted the toll the legal process took on her while supporting numerous former flight attendants in sharing their harassment experiences. She described the experience as a “nightmare” and emphasized that sexual harassment of female flight attendants remains a pervasive issue in the airline industry.
Lawyer Joshua Coratti from the Toronto firm Ball Professional Corporation opined that the settlement appears advantageous for WestJet by absolving them of individual liability claims, potentially averting higher costs. He noted that class-action lawsuits often yield lower monetary compensation for individual plaintiffs, with legal fees often being substantial winners in such cases. Coratti suggested that such settlements can serve as a deterrent against corporate misconduct.