WestJet has agreed to settle a sexual harassment class-action lawsuit involving over 3,000 flight attendants by paying $4.5 million, according to the lead plaintiff and legal representatives. The settlement terms, approved by a B.C. judge on Monday and finalized in June, were welcomed by WestJet, who expressed satisfaction with the resolution.
The lawsuit stemmed from an incident in 2010 when former flight attendant Mandalena Lewis accused a pilot of sexual assault during a layover in Hawaii. Following Lewis’s lawsuit in 2016, additional female employees of the airline joined the case, leading to its certification as a class action by the B.C. Court of Appeal in 2022.
Flight attendants alleged that WestJet had failed to establish a safe work environment with adequate anti-harassment measures in place. While Lewis expressed relief that the case had concluded, she voiced disappointment over what she perceived as inadequate justice, citing the nominal amount of the settlement and WestJet’s lack of admission of wrongdoing.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting expenses, including legal fees, averaging about $400 per attendant involved in the lawsuit. Lewis also noted a reduction in her expected honorarium from $20,000 to $10,000 under the settlement terms.
As part of the agreement, WestJet will engage a third-party consultant to conduct a workplace assessment to address harassment prevalence, underreporting, and enhance reporting and response mechanisms. Lewis described the legal process as a “nightmare” due to its toll on her physical and emotional well-being, emphasizing the systemic issue of sexual assault and harassment faced by female flight attendants in the aviation industry.
Joshua Coratti, an associate lawyer at Ball Professional Corporation in Toronto, viewed the settlement favorably for WestJet, highlighting its potential to deter similar violations and costly individual claims. Despite the resolution, concerns linger over the perceived inadequacy of the settlement amount and the ongoing challenges faced by flight attendants in the industry.