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 attorney. The terms of the settlement, which were finalized in June, were approved by a judge in British Columbia on Monday. WestJet expressed satisfaction with the resolution.
The lawsuit originated from former flight attendant Mandalena Lewis’s allegations of a sexual assault by a pilot during a layover in Hawaii in 2010. Following the lawsuit’s initiation 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.
Flight attendants involved in the lawsuit claimed that WestJet did not provide a safe work environment with adequate measures to prevent harassment. Despite feeling relieved that the case has concluded, Lewis expressed disappointment with the settlement, stating that the monetary compensation and WestJet’s lack of admission of wrongdoing did not provide full justice for the plaintiffs.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per individual involved in the suit. Lewis mentioned that the judge reduced her agreed honorarium from $20,000 to $10,000.
WestJet stated its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, emphasizing the promotion of an empowering culture. As part of the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment focused on identifying and addressing harassment issues effectively.
Lewis described the legal process as a “nightmare,” highlighting the pervasive, historical problem of sexual assault and harassment faced by female flight attendants within the airline industry. She emphasized her motivation for taking legal action to address the issue not just for herself but also for others in similar situations.
The lawsuit alleged that WestJet violated employment contracts with female flight attendants by failing to establish and maintain a sufficient anti-harassment program between April 4, 2016, and Feb. 28, 2021, a claim that WestJet denied. The compensation sought was based on costs the airline purportedly avoided due to the absence of an effective anti-harassment program rather than direct compensation for the harm endured by the flight attendants.
According to Joshua Coratti, an associate lawyer at the Toronto-based employment law firm Ball Professional Corporation, the settlement appears advantageous for WestJet as it shields the company from potential individual claims that could have been more financially burdensome. Coratti noted that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees often being substantial winners in such cases. He suggested that such settlements can serve as a deterrent against companies engaging in large-scale violations.
