WestJet has agreed to settle a sexual harassment class-action lawsuit from a decade ago involving over 3,000 flight attendants by paying $4.5 million, as confirmed by the lead plaintiff and her legal representative. The settlement terms, finalized in June and approved by a B.C. judge on Monday, were met with satisfaction by WestJet, who expressed being “pleased” with the resolution. The lawsuit, initiated by former flight attendant Mandalena Lewis in 2016 after an alleged sexual assault by a pilot in Hawaii in 2010, garnered support from other female airline employees, leading to its certification as a class action in 2022 by the B.C. Court of Appeal.
Flight attendants involved in the case accused WestJet of failing to establish a safe work environment with adequate anti-harassment measures. While Lewis expressed relief over the conclusion of the case, she voiced disappointment at what she perceived as insufficient justice, citing the nominal dollar amount and WestJet’s lack of admission of wrongdoing in the agreement. The $4.5 million settlement, after deducting expenses like legal fees, will be divided among the 3,452 flight attendants, translating to approximately $400 per individual. Lewis also mentioned a reduction in her agreed-upon honorarium from $20,000 to $10,000.
In response to the settlement, WestJet emphasized its commitment to enhancing operations and training to prioritize the well-being of its employees, aiming to foster a culture of empowerment. As part of the agreement, WestJet will engage a third-party consultant to conduct a workplace assessment focused on identifying and addressing workplace harassment issues, including underreporting and improving reporting and response mechanisms.
Describing the legal process as a “nightmare,” Lewis highlighted the pervasive nature of sexual assault and harassment within the airline industry, underscoring the importance of addressing these systemic issues. She disclosed reporting the 2010 assault to her superiors and authorities, with subsequent charges against the pilot in Maui. Additionally, another flight attendant alleged a similar assault by the pilot in 2008. Lewis’s termination by WestJet in 2016 following her persistent requests to review her employment history further fueled the class-action lawsuit’s claims of the airline’s failure to implement an adequate anti-harassment program.
Legal expert Joshua Coratti remarked that the settlement appeared favorable for WestJet, relieving the company of potential costly individual claims while underscoring the deterrence of unacceptable behavior. He noted that class-action lawsuits often result in lower financial compensation for individual plaintiffs, with legal practitioners typically benefiting from substantial legal fees.
