WestJet has reached a $4.5 million settlement to resolve a sexual harassment class-action lawsuit filed over a decade ago by more than 3,000 flight attendants, as confirmed by the lead plaintiff and her legal representative. The terms of the settlement, which were finalized in June, were approved by a B.C. judge on Monday. WestJet expressed satisfaction with the settlement agreement.
The lawsuit was initiated in 2016 by former flight attendant Mandalena Lewis, who alleged a pilot sexually assaulted her during a layover in Hawaii in 2010. Subsequently, other 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. The flight attendants claimed that WestJet did not ensure a safe work environment with adequate anti-harassment measures.
Lewis shared with CBC News her mixed emotions about the settlement, stating her relief that the case concluded but expressing disappointment in what she perceived as incomplete justice. She expressed feeling disheartened by the nominal financial compensation and the absence of an admission of wrongdoing by WestJet as part of the settlement terms.
The $4.5 million settlement will be distributed among 3,452 flight attendants after deducting expenses, including legal fees, amounting to approximately $400 per individual involved in the lawsuit. Additionally, Lewis mentioned that the judge reduced her agreed-upon honorarium from $20,000 to $10,000.
WestJet informed CBC News via email that they are committed to enhancing their operations and training to prioritize the well-being of their employees and promote a culture of empowerment. The settlement mandates WestJet to engage a third-party consultant to conduct a workplace assessment to evaluate the prevalence of harassment, identify underreporting trends, and enhance reporting and response mechanisms.
According to Lewis, supporting numerous former flight attendants during the legal proceedings, discussing their encounters with sexual harassment, took a toll on her physically and emotionally. She described the legal process as a “nightmare” and emphasized the persistent issue of sexual assault and harassment within the airline industry.
Legal analyst Joshua Coratti of Ball Professional Corporation in Toronto opined that the settlement favors WestJet by absolving the company of individual liability claims, potentially preventing higher expenses. Coratti highlighted that class-action lawsuits often yield lower individual compensations, with legal fees being a significant beneficiary.
In conclusion, the settlement marks the resolution of a prolonged legal battle, but the sentiments expressed by Lewis and legal experts underscore the complexities and limitations of such agreements in addressing systemic issues of workplace harassment.
[Link to source for more information on the settlement.]