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 ten years ago, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were finalized in June and approved by a B.C. judge on Monday, have been accepted by WestJet, with the company expressing satisfaction with the resolution.
The lawsuit was triggered by former flight attendant Mandalena Lewis, who alleged a pilot sexually assaulted her during a layover in Hawaii in 2010. Following the lawsuit’s initiation in 2016, additional female employees of the airline came forward, 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 neglected to provide a safe working environment with appropriate anti-harassment measures.
Despite feeling relieved that the case has concluded, Lewis expressed disappointment in what she perceives as incomplete justice for the plaintiffs. She highlighted her dissatisfaction with the nominal financial compensation and WestJet’s lack of admission of wrongdoing as part of the settlement terms. The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, including legal fees, amounting to an average of $400 per individual involved in the lawsuit.
As part of the settlement, WestJet is required to engage a third-party consultant to conduct a comprehensive workplace assessment to evaluate the prevalence of harassment, levels of underreporting, and enhance the reporting and response mechanisms within the organization.
Describing the legal process as a ‘nightmare,’ Lewis emphasized the widespread issue of sexual assault and harassment faced by female flight attendants in the airline industry. She underscored her motivation for taking legal action to address the systemic problem affecting herself and her colleagues.
Legal experts, such as Joshua Coratti from the Toronto employment law firm Ball Professional Corporation, view the settlement as favorable for WestJet as it alleviates the company from potential individual claims that could have been more financially burdensome. Coratti noted that while class-action lawsuits typically yield lower monetary compensation for individual plaintiffs, they serve as a deterrent against future misconduct by companies.
The settlement signifies a significant step in addressing workplace harassment issues within WestJet, with a focus on fostering a culture of empowerment and ensuring the safety and well-being of all employees.