WestJet has agreed to a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated over ten years ago, involving more than 3,000 flight attendants, according to the lead plaintiff and her legal counsel. The terms of the settlement, which were finalized in June, were approved by a B.C. judge on Monday. WestJet expressed satisfaction with reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’ allegations of sexual assault by a pilot during a layover in Hawaii in 2010. Following the filing of the 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 claimed that WestJet did not provide a safe working environment with sufficient anti-harassment measures.
While Lewis expressed relief that the case is concluded, she voiced disappointment that the plaintiffs did not receive what she considers “full justice.” She mentioned feeling disheartened by the nominal dollar amount and the absence of an admission of wrongdoing by WestJet under the settlement terms.
The $4.5 million will be distributed among the 3,452 flight attendants involved in the suit after deducting expenses, including legal fees, equating to approximately $400 per flight attendant. Additionally, the judge reduced Lewis’ honorarium agreed upon in the settlement from $20,000 to $10,000.
WestJet stated in an email to CBC News its commitment to enhancing operations and training to prioritize the safety and well-being of its employees and advance a culture of empowerment. As part of the settlement, 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 improve reporting and response systems.
Lewis described the legal process as a “nightmare,” emphasizing the pervasive issue of sexual assault and harassment faced by female flight attendants within the airline industry. She highlighted her motivation for taking on the case to address the significant problem and support fellow flight attendants who have experienced similar challenges.
According to Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, the settlement appears favorable for WestJet as it shields the company from individual liability claims that could have been more costly. He pointed out that while class-action lawsuits often result in lower individual monetary compensation, they serve to deter undesirable behavior and encourage companies to avoid large-scale violations.