WestJet Reaches Settlement in Flight Attendants Sexual Harassment Class Action

A British Columbia judge approved a settlement on June 22 that requires WestJet to pay C$4.5 million (approximately £2.4 million). After legal fees and other expenses are deducted, the funds will be divided among the 3,452 female flight attendants covered by the class action. The agreement also obliges the airline to engage an independent firm to conduct a workplace inquiry into the prevalence of harassment, under-reporting, and the effectiveness of reporting mechanisms. No admission of wrongdoing or contractual breach was included in the deal.

The Guardian

The action was launched by former flight attendant Mandalena Lewis in April 2016 after she alleged that a WestJet pilot sexually assaulted her in Hawaii in 2010 and another attendant in 2008. Lewis contended that WestJet kept the pilot on duty despite her report, and that she was later terminated in 2016 for “gross insubordination,” which she and her lawyers argue was retaliation. Under British Columbia law, the suit covered all female flight attendants employed between 4 April 2014 and 28 February 2021, asserting that WestJet violated contractual promises of a harassment-free workplace. The settlement follows a prior C$12.5 million baggage-fee class action WestJet resolved two years earlier.

The Guardian

The airline declined to comment on the specific assault allegations.

The Guardian

Lewis expressed exhaustion and disappointment, noting that the payout fell short of what she considered justice. Eight class members had previously asked the province’s supreme court to block the settlement, citing the modest amount and the absence of accountability measures. Their objections underscore ongoing concerns that the agreement does not fully address systemic harassment issues.

The Guardian

• Settlement amount: C$4.5 million (? £2.4 million).

The Guardian

• Class size: 3,452 female flight attendants.

The Guardian

• Prior WestJet settlement: C$12.5 million for a baggage-fee class action.

The Guardian

• A 2018 survey by the U.S. Association of Flight Attendants of more than 3,500 flight attendants found that 68 % had experienced sexual harassment, yet only 7 % reported incidents to their employer.

The Guardian

These elements together illustrate the legal and cultural challenges facing Canadian airlines in addressing workplace harassment.

The Guardian