WestJet has reached a settlement agreement to pay $4.5 million in a sexual harassment class-action lawsuit involving over 3,000 flight attendants. The lead plaintiff and her lawyer confirmed that a B.C. judge approved the settlement terms on Monday, which were finalized in June. WestJet expressed satisfaction with reaching a settlement.
The lawsuit stemmed from former flight attendant Mandalena Lewis’s allegation of being sexually assaulted by a pilot during a layover in Hawaii in 2010. Following the lawsuit’s launch in 2016, additional women from the airline joined the case, leading to its certification as a class action by the B.C. Court of Appeal in 2022.
Flight attendants claimed that WestJet did not provide a safe workplace with sufficient anti-harassment measures. Lewis, speaking to CBC News, expressed relief that the case concluded but felt that the plaintiffs did not receive full justice. She voiced disappointment over the symbolic nature of the monetary compensation and WestJet’s lack of admission of wrongdoing.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, averaging about $400 per flight attendant involved in the lawsuit. Lewis mentioned that the judge reduced her expected honorarium in the settlement from $20,000 to $10,000.
WestJet stated in an email to CBC News its commitment to strengthening operations and training to prioritize the safety and well-being of its employees. As part of the settlement terms, WestJet will engage a third-party consultant to assess the workplace for harassment prevalence, underreporting extent, and enhance reporting and response systems.
In an affidavit, Lewis described the legal process as a “nightmare,” detailing her support for over 100 former flight attendants sharing their harassment experiences. She emphasized that sexual assault and harassment remain significant issues in the airline industry.
Joshua Coratti, an associate lawyer at Ball Professional Corporation, viewed the settlement as advantageous for WestJet, relieving them of individual liability claims that could have been more costly. He noted that while individual plaintiffs may receive less monetary compensation in class-action lawsuits, it serves to deter companies from engaging in similar violations.
The lawsuit settled on Monday alleged that WestJet breached employment contracts with female flight attendants by failing to implement an adequate anti-harassment program between 2016 and 2021. WestJet denied these allegations, with compensation based on the costs allegedly avoided due to the lack of an anti-harassment program rather than compensating for the attendants’ suffered harms.