WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit involving over 3,000 flight attendants that was initiated a decade ago, as per the lead plaintiff and her attorney. The settlement terms, which were finalized back 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 allegations of being sexually assaulted by a pilot during a layover in Hawaii in 2010. Subsequently, other female employees of the airline came forward after Lewis initiated the lawsuit in 2016, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022.
The flight attendants claimed that WestJet failed to establish a safe work environment with adequate anti-harassment measures. Lewis mentioned to CBC News that while relieved the case is concluded, she feels that the plaintiffs did not receive complete justice. She expressed disappointment with the symbolic monetary value and WestJet’s lack of admission of wrongdoing in the agreement.
Following deduction of expenses, including legal fees, the $4.5 million settlement will be divided among 3,452 flight attendants, translating to approximately $400 for each individual involved in the lawsuit. Lewis also highlighted that the judge reduced her agreed honorarium in the settlement from $20,000 to $10,000.
WestJet stated in an email to CBC News that they are committed to enhancing their operations and training to prioritize the safety and well-being of their employees and to foster a culture of empowerment. As part of the settlement terms, WestJet is obligated to engage a third-party consultant to conduct a workplace assessment addressing harassment prevalence, underreporting extent, and enhancing reporting and response systems’ efficacy.
Lewis described the legal process as a “nightmare” and emphasized the deep-rooted, systemic issue of sexual assault and harassment faced by female flight attendants in the aviation industry, which she took on to address not only for herself but for others who have experienced similar situations.
Joshua Coratti, an associate lawyer at Toronto-based employment law firm Ball Professional Corporation, viewed the settlement as advantageous for WestJet, absolving them from individual liability claims that could have been more costly. He noted that while class action lawsuits may yield lesser monetary outcomes for individual plaintiffs, they serve to deter companies from engaging in similar violations.
Overall, the settlement resolves a long-standing legal battle but leaves sentiments of incomplete justice among the plaintiffs, with Lewis emphasizing the importance of addressing systemic issues of harassment in the workplace.