WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit filed over a decade ago by more than 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The terms of the settlement, which were finalized in June, were approved by a British Columbia judge on Monday. WestJet expressed satisfaction with the agreement.
The lawsuit originated from former flight attendant Mandalena Lewis’s claim that a pilot sexually assaulted her during a layover in Hawaii in 2010. Subsequently, additional female employees of the airline joined the legal action following its certification as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet neglected to establish a safe work environment with adequate anti-harassment measures.
Although Lewis expressed relief that the case has concluded, she voiced disappointment over the perceived lack of “full justice” for the plaintiffs. She highlighted her dissatisfaction with the nominal dollar amount and WestJet’s absence of admission of wrongdoing in the settlement agreement. Lewis acknowledged the challenges faced in securing the settlement, emphasizing that it was the best outcome achievable given the circumstances.
The $4.5 million settlement will be distributed among the 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per individual involved in the lawsuit. Lewis mentioned that the judge reduced her agreed-upon honorarium to $10,000 from $20,000.
WestJet communicated to CBC News via email its commitment to enhancing operational and training practices to ensure the safety and well-being of its workforce, emphasizing a focus on fostering an empowering culture. As part of the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment aimed at evaluating harassment prevalence, underreporting extent, and enhancing reporting and response systems’ effectiveness.
Lewis described the legal process as a “nightmare,” citing the physical and emotional toll of supporting numerous former flight attendants who shared their sexual harassment experiences with her. She underscored the systemic issue of sexual assault and harassment persisting within the airline industry, emphasizing the importance of addressing the problem for the well-being of flight attendants.
According to Joshua Coratti, an associate lawyer at the Toronto employment law firm Ball Professional Corporation, the settlement appears favorable for WestJet as it shields the company from individual liability claims that could have been more costly. Coratti noted that class-action lawsuits often result in reduced monetary compensation for individual plaintiffs, with legal fees often being the primary beneficiaries. He highlighted the potential deterrent effect such settlements can have on companies engaging in misconduct.