WestJet has agreed to pay $4.5 million to resolve a sexual harassment class-action lawsuit that was initiated ten years ago, involving over 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The settlement terms, which were officially established in June, were given the green light by a British Columbia judge on Monday. WestJet expressed satisfaction with the agreement, stating that they are pleased to have reached a resolution.
The lawsuit was first brought forward by former flight attendant Mandalena Lewis, who claimed she was sexually assaulted by a pilot during a layover in Hawaii in 2010. Following the filing of the lawsuit in 2016, additional female employees of the airline stepped forward with similar allegations, leading to the case being officially recognized as a class action by the B.C. Court of Appeal in 2022.
The flight attendants involved in the lawsuit accused WestJet of failing to ensure a safe working environment with adequate anti-harassment protocols. Speaking to CBC News, Lewis expressed relief that the case has concluded, albeit feeling that the plaintiffs did not receive complete justice. She mentioned feeling disheartened by the “symbolic” monetary amount and the lack of an admission of wrongdoing by WestJet as part of the settlement terms.
The $4.5 million settlement will be divided among the 3,452 flight attendants after covering expenses such as legal fees, equating to around $400 per flight attendant involved in the legal action. Lewis also revealed that the judge reduced her agreed-upon honorarium from $20,000 to $10,000 as part of the settlement.
Despite her reservations about the settlement amount, Lewis expressed relief that the legal process has concluded and emphasized the importance of setting a legal precedent. WestJet, in an email to CBC News, reiterated its commitment to enhancing operations and training to prioritize the safety and well-being of its staff while striving to foster a culture of empowerment.
As per the settlement terms, WestJet will engage a third-party consultant to conduct a workplace assessment to gauge the prevalence of harassment in the workplace, identify underreporting issues, and enhance reporting and response mechanisms.
Describing her experience with the legal process as a “nightmare,” Lewis highlighted the pervasive issue of sexual assault and harassment faced by female flight attendants within the airline industry, labeling it a deep-rooted systemic problem that persists to this day. She embarked on the legal battle not only for herself but also for other flight attendants who have endured similar experiences.
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 liability claims, potentially saving them from higher costs that could have arisen from separate lawsuits. Coratti emphasized that while individual plaintiffs in class-action lawsuits may receive lower monetary compensation, such legal actions can serve as a deterrent against future misconduct by companies.