WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit that was initiated over ten years ago and involved more than 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 with reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s claim that a pilot sexually assaulted her during a layover in Hawaii in 2010. Subsequently, 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 failed to maintain a safe work environment with sufficient anti-harassment measures.
While Lewis expressed relief that the case is concluded, she conveyed disappointment regarding the perceived lack of “full justice” for the plaintiffs. She highlighted her dissatisfaction with the settlement’s monetary value and WestJet’s refusal to admit wrongdoing under the agreement terms. The $4.5 million settlement will be distributed among 3,452 flight attendants after accounting for expenses, including legal fees, amounting to approximately $400 per individual involved in the lawsuit.
As part of the settlement, WestJet is mandated to engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, address underreporting issues, and enhance reporting and response mechanisms. Lewis described the legal process as a “nightmare,” emphasizing the pervasive nature of sexual assault and harassment faced by female flight attendants within the airline industry.
In response to the settlement, WestJet emphasized its commitment to enhancing operational practices and training to prioritize the safety and well-being of its staff, aiming to foster a culture of empowerment. The settlement’s terms also included a reduction in Lewis’s agreed-upon honorarium from $20,000 to $10,000.
Joshua Coratti, an associate lawyer at Ball Professional Corporation, viewed the settlement as advantageous for WestJet, relieving the company of potential liability for individual claims from plaintiffs. He noted that class-action lawsuits often yield lower monetary compensation for individual plaintiffs, with legal fees typically constituting a significant portion of the settlement. Coratti suggested that such settlements serve as a deterrent against corporate misconduct.
