WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated by more than 3,000 flight attendants over a decade ago. The lead plaintiff and her legal representative confirmed the approval of the settlement terms by a B.C. judge on Monday, following finalization in June. In response, WestJet expressed satisfaction with the resolution.
The lawsuit was instigated by former flight attendant Mandalena Lewis, who accused a pilot of sexual assault during a layover in Hawaii in 2010. Subsequently, additional female employees from the airline joined the legal action, leading to its classification as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet did not maintain a safe working environment with sufficient anti-harassment safeguards.
Despite a sense of relief that the case has concluded, Lewis conveyed disappointment that the plaintiffs did not receive what she considers complete justice due to what she perceives as a nominal monetary compensation and WestJet’s non-admission of wrongdoing under the settlement terms. The $4.5 million settlement will be divided among the 3,452 flight attendants after deducting expenses, including legal costs, resulting in an approximate payment of $400 per involved flight attendant. Moreover, the judge reduced Lewis’s agreed-upon honorarium from $20,000 to $10,000.
WestJet communicated its commitment to enhancing operations and training to ensure the safety and well-being of its employees, emphasizing the promotion of an empowering work culture. As part of the settlement conditions, WestJet will engage a third-party consultant to conduct a workplace evaluation aimed at gauging the prevalence of harassment, addressing underreporting issues, and enhancing reporting and response mechanisms effectiveness.
Lewis described her involvement in the legal process as a “nightmare,” noting the substantial physical and emotional toll of supporting over 100 former flight attendants who shared their sexual harassment encounters. She emphasized that the mistreatment of female flight attendants remains a pervasive issue in the aviation sector, calling attention to the importance of addressing it.
Moreover, the settlement relieved WestJet of individual liability claims from plaintiffs, potentially averting more significant financial repercussions. Joshua Coratti, an associate lawyer at the Toronto employment law firm Ball Professional Corporation, viewed the settlement as advantageous for WestJet, highlighting the potential deterrence effect on companies engaging in misconduct.
