WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit involving over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms were officially approved by a B.C. judge on Monday, following their finalization in June. Expressing satisfaction with the resolution, WestJet stated that it is pleased to have concluded the settlement.
The lawsuit stemmed from allegations made by former flight attendant Mandalena Lewis, who accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. The legal action, initiated in 2016, garnered support from other female airline employees, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022. Flight attendants claimed that WestJet neglected to establish a safe working environment with adequate anti-harassment measures.
Despite expressing relief over the resolution of the case, Lewis conveyed a sense of disappointment, stating that the plaintiffs did not receive what she considers to be “full justice.” She expressed feeling disheartened by the symbolic financial settlement and WestJet’s lack of admission of wrongdoing as part of the agreement.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting various expenses, including legal fees. Each flight attendant involved in the lawsuit is expected to receive approximately $400. Additionally, Lewis mentioned that the judge reduced her previously agreed-upon honorarium from $20,000 to $10,000.
WestJet, in a statement to CBC News, reiterated its commitment to enhancing operations and training to prioritize the safety and well-being of its employees while promoting a culture of empowerment. As part of the settlement terms, the airline will engage a third-party consultant to conduct a comprehensive workplace assessment aimed at gauging the prevalence of harassment, addressing underreporting, and improving reporting and response mechanisms.
Lewis, reflecting on her experience throughout the legal process, described it as a “nightmare,” highlighting the pervasive issue of sexual assault and harassment faced by female flight attendants within the airline industry. She emphasized taking on the legal battle not only for herself but also for other individuals who have endured similar experiences.
According to Joshua Coratti, an associate lawyer at the Toronto-based employment law firm Ball Professional Corporation, the settlement appears advantageous for WestJet by absolving the company of individual liability claims, potentially saving them from higher costs. Coratti noted that while class-action lawsuits might result in lesser monetary compensation for individual plaintiffs, they serve to deter companies from engaging in misconduct and encourage adherence to established regulations.