WestJet has reached a settlement in a sexual harassment class-action lawsuit dating back a decade, agreeing to pay $4.5 million to over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were finalized in June, were approved by a British Columbia judge on Monday. WestJet expressed satisfaction with the resolution.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s allegations of sexual assault by a pilot during a layover in Hawaii in 2010. Following the initiation of legal proceedings in 2016, additional female employees of the airline came forward, leading to the case being granted class action status by the B.C. Court of Appeal in 2022.
Flight attendants involved in the lawsuit claimed that WestJet did not provide a safe working environment with sufficient measures against harassment. Lewis, while relieved that the case has concluded, expressed disappointment in the perceived lack of full justice for the plaintiffs, highlighting her dissatisfaction with the symbolic monetary amount and the absence of an admission of wrongdoing by WestJet.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting expenses, including legal fees, averaging approximately $400 per individual. Lewis noted that the judge reduced the agreed-upon honorarium for her to $10,000 from $20,000, conveying mixed feelings about the outcome.
WestJet, in correspondence with CBC News, reiterated its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, emphasizing the promotion of an empowering organizational culture. As part of the settlement terms, the airline will engage a third-party consultant to conduct a comprehensive workplace assessment to address harassment prevalence, underreporting issues, and improve reporting and response protocols.
Lewis described her involvement in the legal process as physically and emotionally taxing, having supported numerous former flight attendants who shared their harassment experiences. She underscored the ongoing systemic challenges faced by female flight attendants in the aviation sector, stressing the importance of raising awareness and addressing such issues collectively.
An affidavit submitted by Lewis detailed her interactions with over 100 former flight attendants regarding their harassment encounters, underscoring the toll taken during the legal proceedings. Despite the challenges faced, Lewis emphasized the significance of addressing pervasive issues within the industry and advocating for change.
The lawsuit settlement highlighted WestJet’s alleged failure to maintain a suitable anti-harassment program, triggering compensatory measures for flight attendants based on purported costs avoided by the airline. WestJet refuted the accusations put forth in the legal action.
Legal expert Joshua Coratti of Ball Professional Corporation characterized the settlement as advantageous for WestJet, absolving the company of potential liability from individual claims while potentially reducing the financial impact. Coratti noted that class-action lawsuits often result in lower monetary compensation for individual claimants, with legal fees typically constituting a significant portion of the settlement amount. Additionally, he highlighted the deterrent effect such settlements can have on companies engaging in similar behaviors in the future.