WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit filed ten years ago involving 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 B.C. judge on Monday. WestJet expressed satisfaction in reaching the settlement.
The lawsuit was initiated by former flight attendant Mandalena Lewis, who accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Following the lawsuit in 2016, additional female employees of the airline came forward, leading to the certification of the case as a class action by the B.C. Court of Appeal in 2022. The flight attendants claimed that WestJet did not uphold a safe working environment with sufficient anti-harassment measures.
Despite feeling relieved that the case concluded, Lewis expressed disappointment in what she views as insufficient justice for the plaintiffs. She highlighted her frustration with the “symbolic” financial settlement and WestJet’s lack of admission of wrongdoing under the agreement.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal costs, equating to approximately $400 per flight attendant involved in the lawsuit. Additionally, Lewis mentioned that the judge reduced her agreed-upon honorarium in the settlement from $20,000 to $10,000.
WestJet conveyed in an email to CBC News its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, aiming to foster a culture of empowerment. As per 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 systems.
Lewis described the legal process as a “nightmare,” emphasizing that sexual assault and harassment of female flight attendants persist as deep-rooted issues in the airline industry. She emphasized her motivation for taking legal action was to address a widespread problem affecting herself and her colleagues.
Lawyer Joshua Coratti from the Toronto employment law firm Ball Professional Corporation opined that the settlement appears favorable for WestJet, absolving them of liability for individual claims that could have been more financially burdensome. He noted that while individual plaintiffs may receive less monetary compensation in class-action lawsuits, such legal actions help deter unacceptable behaviors by companies.