WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit initiated ten years ago by over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms, finalized in June and approved by a B.C. judge on Monday, have been welcomed by WestJet, stating they are “pleased” with the resolution.
The lawsuit was sparked by former flight attendant Mandalena Lewis, who accused a pilot of sexually assaulting her during a layover in Hawaii in 2010. Following her lawsuit in 2016, additional female employees of the airline stepped forward, leading to the case being certified as a class action by the B.C. Court of Appeal in 2022.
Allegations from the flight attendants claimed that WestJet failed to ensure a safe work environment with appropriate anti-harassment measures in place. Although Lewis expressed relief that the case has concluded, she voiced disappointment in the perceived lack of “full justice,” citing the nominal amount of the settlement and WestJet’s absence of admission of wrongdoing.
The $4.5 million settlement will be divided among 3,452 flight attendants after deducting expenses, inclusive of legal fees, amounting to around $400 per flight attendant involved in the lawsuit. Additionally, Lewis mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet affirmed 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 terms, WestJet will engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, extent of underreporting, and enhance reporting and response mechanisms.
Lewis described the legal process as a “nightmare,” emphasizing that sexual assault and harassment among female flight attendants persist as a deeply rooted issue in the airline industry. She highlighted her motivation for taking a stand to address the prevalent problem faced by herself and other flight attendants.
Furthermore, the lawsuit settlement alleged that WestJet breached employment contracts by failing to implement an adequate anti-harassment program, denying the claims made. The compensation rationale was linked to costs purportedly evaded by WestJet due to shortcomings in implementing effective anti-harassment protocols.
Legal expert Joshua Coratti viewed the settlement as favorable for WestJet, as it shields them from individual liability claims that could have been more financially burdensome. He noted that class-action lawsuits often result in lower monetary compensation for individual plaintiffs, with legal fees typically consuming a significant portion of settlements. Coratti emphasized the deterrent effect such settlements can have on companies, discouraging large-scale violations.