WestJet has agreed to pay a settlement of $4.5 million to resolve a sexual harassment class-action lawsuit that was initiated ten years ago involving over 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 B.C. judge on Monday. WestJet expressed satisfaction in reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s claim that she was sexually assaulted by a pilot during a layover in Hawaii in 2010. Following the initiation of the lawsuit in 2016, additional female employees of the airline came forward, leading to the certification of the case as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet had not provided a safe work environment with adequate measures to prevent harassment.
Despite stating her relief that the case has concluded, Lewis expressed disappointment in feeling that the plaintiffs did not receive complete justice due to the symbolic dollar amount and the absence of an admission of wrongdoing by WestJet in the agreement. The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, equating to approximately $400 per flight attendant involved in the lawsuit.
As part of the settlement, WestJet will engage a third-party consultant to conduct a workplace assessment to determine the prevalence of harassment, the extent of underreporting, and ways to enhance reporting and response systems. Lewis described the legal process as a “nightmare” and highlighted the systemic issue of sexual assault and harassment faced by female flight attendants in the airline industry.
WestJet emphasized its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, aiming to foster a culture of empowerment. Despite WestJet denying the allegations, the settlement was based on the costs the airline allegedly avoided by not implementing a sufficient anti-harassment program.
Legal expert Joshua Coratti viewed the settlement as favorable for WestJet, as it shields the company from individual claims that could have been more financially burdensome. Coratti noted that while individual plaintiffs may receive lesser monetary compensation in class-action lawsuits, such legal actions serve as a deterrent against misconduct by corporations.
