Key facts
- WestJet has agreed to pay C$4.5 million to settle a sexual harassment class action lawsuit.
- The lawsuit was filed by female flight attendants alleging a failure to maintain a safe workplace.
- The settlement covers 3,452 flight attendants who worked for the company between April 2014 and February 2021.
- The settlement was approved by a British Columbia judge on Monday.
- WestJet will also engage a third-party to conduct a workplace inquiry into harassment.
WestJet has agreed to pay C$4.5 million to settle a decade-long sexual harassment class action lawsuit brought by its female flight attendants. The suit, which alleged the company failed to maintain a safe workplace, was approved by a British Columbia judge on Monday.
The payment will be distributed among 3,452 flight attendants after legal fees and other expenses are deducted. The class action period covers flight attendants who worked for WestJet between April 4, 2014, and February 28, 2021.
The lawsuit was initiated by former flight attendant Mandalena Lewis, who alleged a pilot sexually assaulted her and a colleague, and that WestJet allowed the pilot to continue flying, thereby endangering other employees. Lewis stated she was sexually assaulted by a WestJet pilot in 2010 and that the same pilot had also assaulted another flight attendant in 2008. She reported the assault to WestJet, but the pilot remained with the company. Lewis was later fired in 2016 for alleged gross insubordination, which she and her legal team claim was retaliation for her internal efforts to hold the airline accountable.
Lewis expressed disappointment with the settlement amount, noting that WestJet had previously paid $12.5 million in a baggage fee class action, nearly three times the current settlement. She indicated that the payout was the most achievable given accumulating legal expenses. Eight members of the class action had previously opposed the settlement, citing the low payout and lack of accountability from WestJet.
As part of the settlement, WestJet will hire a third-party to conduct a workplace inquiry examining the prevalence of harassment, the extent of underreporting, and the effectiveness of reporting systems. The original suit had sought mandatory anti-harassment training for pilots and an admission of wrongdoing, neither of which were included in the settlement.
The case highlighted the vulnerability of female flight attendants to pilot misconduct. A 2018 survey by the US Association of Flight Attendants found that 68% of over 3,500 surveyed flight attendants had experienced sexual harassment, with only 7% reporting it to their employer. WestJet did not respond to specific claims regarding Lewis's allegations of assault or the company's handling of harassment reports and investigations. In a statement, the company expressed pleasure at reaching a "mutually agreed upon settlement" and reiterated its commitment to strengthening operations and training for the safety and well-being of its employees.