A $4.5 million settlement for female WestJet employees who alleged experiencing harassment due to the airline’s inadequate anti-harassment procedures is pending court approval in British Columbia. The lawsuit, initiated by former flight attendant Mandalena Lewis nearly ten years ago after alleging insufficient support following a sexual assault incident by a pilot in Hawaii in 2010, led to more women coming forward and the case being certified as a class action in 2022.
The legal action accuses WestJet of violating employment contracts by failing to establish and maintain an effective anti-harassment program for female flight attendants between April 4, 2016, and Feb. 28, 2021. The proposed settlement, agreed upon during December mediation, involves WestJet paying $4.5 million to cover compensation for 3,458 affected class members, legal fees, administrative expenses, and a $20,000 honorarium to Lewis.
The compensation is based on the costs allegedly avoided by WestJet due to the absence of a proper anti-harassment program rather than compensating for damages suffered by class members. WestJet, under the settlement terms, does not accept liability. Lewis, in an affidavit, mentioned the emotional and physical toll of supporting over 100 former flight attendants in her role as the lead plaintiff.
While some class members expressed objections to the settlement, citing the relatively low payout per person after deducting legal fees and costs, others, like former flight attendant Andréa Zimmerman, criticized the proposed settlement as inadequate. Zimmerman, who worked at WestJet from 2008 to 2022, highlighted concerns about the absence of provisions in the settlement to ensure a safe workplace for women, calling for public accountability, improved reporting mechanisms, and therapy support for affected employees. The settlement awaits final approval by the court.
