WestJet has consented to pay $4.5 million to resolve a sexual harassment class-action lawsuit initiated ten years ago, which involves over 3,000 flight attendants, as reported by the lead plaintiff and her attorney.
According to them, a judge in British Columbia approved the settlement terms on Monday, which had been finalized in June. In a statement, WestJet expressed that it is “pleased” to have reached this agreement.
Mandalena Lewis, a former flight attendant, claimed that a pilot sexually assaulted her during a layover in Hawaii in 2010. Following her lawsuit in 2016, other women employed by the airline came forward, and the British Columbia Court of Appeal certified the case as a class action in 2022.
The flight attendants contend that WestJet did not provide a safe work environment with sufficient anti-harassment protocols.
On Wednesday, Lewis shared with CBC News that while she is relieved the case has concluded, she does not feel that the plaintiffs achieved “full justice.” She expressed disappointment regarding the “symbolic” financial settlement and noted that WestJet did not acknowledge any wrongdoing as part of the agreement.
“Given the circumstances, this is the best we could achieve. I had to fight fiercely for these small amounts,” Lewis stated.
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The $4.5 million will be allocated to 3,452 flight attendants after deducting expenses, including legal costs.
This amounts to roughly $400 for each flight attendant involved in the lawsuit.
Lewis mentioned that the judge also reduced her agreed honorarium from $20,000 to $10,000.
“Ultimately, I am relieved this is finished, and I am glad we have established a legal precedent. However, I am not satisfied with the settlement amount; I believe it falls short,” she remarked.
Mandalena Lewis in a video interview with CBC News Wednesday. Lewis says she is relieved the legal process is over, but doesn’t feel the plaintiffs got ‘full justice.’ (CBC News)
In an email to CBC News, WestJet stated it is “dedicated to enhancing our operations and training, prioritizing the safety and well-being of all WestJetters” and is “committed to fostering a culture of empowerment.”
The settlement stipulates that WestJet will hire an external consultant to perform a workplace assessment to evaluate the prevalence of harassment, the extent of underreporting, and to improve reporting and response systems.
Legal process a ‘nightmare’: Lewis
In a sworn statement, Lewis asserted that engaging with and supporting over 100 former flight attendants regarding their sexual harassment experiences—conversations she undertook as lead plaintiff—took a significant physical and emotional toll during the legal proceedings.
She shared with CBC News that the ordeal has been a “nightmare.”
Lewis characterized the sexual assault and harassment faced by female flight attendants as a “deeply ingrained, historical, systemic issue” that persists within the airline industry.
“I took this on because I recognized how serious the problem was,” she explained. “I did it for myself and for the other flight attendants who experienced what I did. Many are still enduring it.”
WestJet has agreed to a $4.5 million settlement in a decade-long class action lawsuit launched by female flight attendants alleging the company failed to maintain a safe workplace after the alleged sexual assault of two female flight attendants by a pilot.
Lewis reported the alleged assault to her supervisors and to the RCMP, who then reached out to the Maui police at the time. The U.S. federal prosecutor in Maui filed charges, but Lewis stated she was informed that the pilot could only be arrested if he returned to the island.
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Subsequently, another flight attendant contacted Lewis, alleging she had also been sexually assaulted by the same pilot in 2008.
In 2016, the airline dismissed Lewis for insubordination after she persistently requested access to her employment records to verify if WestJet had acted on her complaint.
The class-action lawsuit that was settled on Monday claimed that WestJet “breached employment contracts with female flight attendants by neglecting to establish and uphold an adequate anti-harassment program, including proper systems for reporting, investigating, and responding to workplace harassment” between April 4, 2016, and February 28, 2021.
WestJet has denied these allegations.
Compensation was based on expenses that WestJet allegedly avoided by not implementing a sufficient anti-harassment program, rather than on damages experienced by the flight attendants.
Good deal for WestJet: lawyer
Joshua Coratti, an associate attorney with the Toronto-based employment law firm Ball Professional Corporation, remarked that the settlement appears to be a “fairly good deal” for WestJet, as it protects them from liability for individual claims from plaintiffs, which could have been significantly more expensive.
“In a class-action lawsuit, often the monetary compensation for each individual plaintiff is less. Typically, lawyers are the ones who benefit the most from these class action suits, collecting substantial legal fees,” Coratti told CBC News.
“What this can accomplish is to signal that certain behaviors are unacceptable. It can encourage companies to be more cautious about engaging in widespread violations of this nature.”
