WestJet has reached a $4.5 million settlement to resolve 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, were approved by a B.C. judge on Monday. WestJet expressed satisfaction with the settlement outcome.
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, additional 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 failed to ensure a safe work environment with adequate measures against harassment.
While Lewis acknowledged relief that the case has concluded, she expressed disappointment that the plaintiffs did not receive what she considers to be “full justice.” She remarked on feeling disheartened by the symbolic monetary value of the settlement and the absence of an admission of guilt by WestJet under the agreement terms.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting expenses, including legal fees, resulting in an approximate $400 payment per attendant involved in the lawsuit. Additionally, the judge reduced Lewis’s agreed honorarium from $20,000 to $10,000 as part of the settlement.
WestJet stated via email to CBC News its commitment to enhancing operational procedures and training to prioritize the safety and well-being of all its employees, emphasizing the promotion of an empowering culture. As per the settlement conditions, WestJet will engage a third-party consultant to conduct a workplace evaluation assessing the prevalence of harassment, underreporting, and methods to improve reporting and response systems.
Lewis described the legal process as a “nightmare,” citing the toll it took on her physically and emotionally while supporting numerous former flight attendants who shared their harassment experiences with her during her role as lead plaintiff. She underscored that sexual assault and harassment of female flight attendants persist in the airline industry as a deeply ingrained, systemic issue.
An affidavit by Lewis disclosed that she reported the alleged 2010 assault to her superiors and the RCMP, resulting in charges being filed by U.S. federal prosecutors in Maui. Another flight attendant later contacted Lewis, alleging a similar assault by the same pilot in 2008. In 2016, Lewis was terminated by the airline for insubordination after requesting to review her employment record following months of seeking information on WestJet’s actions regarding her complaint.
The lawsuit alleged WestJet breached employment contracts with female flight attendants by failing to implement and uphold an adequate anti-harassment program between April 4, 2016, and Feb. 28, 2021. WestJet refuted these accusations, asserting that the compensation basis was related to the costs the company avoided by not implementing an effective anti-harassment program, rather than compensating the attendants for their grievances.
Legal expert Joshua Coratti from the Toronto employment law firm Ball Professional Corporation viewed the settlement as advantageous for WestJet, as it shields the company from individual plaintiff claims that could have been more financially burdensome. Coratti noted that class-action lawsuits generally result in lesser monetary awards for individual plaintiffs, with significant legal fees often going to lawyers handling the cases. He emphasized the deterrent effect such settlements can have on companies engaging in misconduct.