WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit filed by over 3,000 flight attendants a decade ago, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were finalized in June, received approval from a B.C. judge on Monday. WestJet expressed satisfaction with reaching a resolution.
The lawsuit was initiated by former flight attendant Mandalena Lewis, who accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Subsequently, more female employees of the airline joined the case after it was certified as a class action by the B.C. Court of Appeal in 2022. The flight attendants alleged that WestJet did not provide a safe working environment with adequate anti-harassment measures.
Lewis expressed relief that the case has concluded but felt that the plaintiffs did not receive “full justice.” She mentioned feeling disappointed by 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, amounting to approximately $400 per attendant involved in the lawsuit. Additionally, Lewis mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet stated in an email to CBC News its commitment to enhancing operations and training to prioritize the safety and well-being of its employees, aiming to foster a culture of empowerment. As part of the settlement, WestJet will engage a third-party consultant to conduct a workplace assessment to assess harassment prevalence, underreporting extent, and enhance reporting and response systems.
Lewis described the legal process as a “nightmare,” emphasizing the continuous issue of sexual assault and harassment faced by female flight attendants in the airline industry. She took on the case to address the pervasive problem and advocate for herself and other flight attendants who have experienced similar challenges.
Furthermore, Lewis reported the alleged 2010 assault to her managers and the RCMP, leading to charges by U.S. federal prosecutors in Maui against the pilot. Another flight attendant later revealed a similar incident involving the same pilot in 2008. In 2016, WestJet terminated Lewis for insubordination following her persistent requests to access her employment record regarding the complaint.
The lawsuit contended that WestJet breached employment contracts by failing to implement an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021. WestJet denied these allegations, with the compensation basis reflecting costs allegedly avoided due to the absence of a sufficient anti-harassment program, rather than compensating the flight attendants for their endured hardships.
According to Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, the settlement appears advantageous for WestJet as it absolves them from individual liability claims that could have been more financially burdensome. Coratti highlighted that class-action lawsuits often result in less monetary compensation for each plaintiff, with significant legal fees being a primary beneficiary. Nonetheless, such settlements can deter companies from engaging in wrongful behaviors.
In conclusion, the resolution of the long-standing lawsuit signifies a step towards addressing workplace harassment issues within the airline industry, with implications for future corporate accountability and employee protection.