WestJet agrees to pay C$4.5m in sexual harassment class action

Canadian airline WestJet has agreed to pay C$4.5 million (about £2.4 million) to settle a decade-long class action lawsuit brought by female flight attendants who accused the company of failing to maintain a safe working environment.

The lawsuit stemmed from allegations by Mandalena Lewis, a former flight attendant, that a pilot sexually assaulted her and a colleague, but WestJet allowed the pilot to continue flying, putting other employees at risk.

A British Columbia provincial court judge approved the settlement terms on Monday, which were finalized on June 22 after months of negotiations. The funds will be distributed among 3,452 flight attendants in the class action after deducting costs, including legal fees.

WestJet agreed to hire a third party to conduct workplace investigations to examine the prevalence of harassment, the extent of underreporting, and how to make reporting systems more effective.

The lawsuit had demanded WestJet implement mandatory anti-harassment training for pilots, along with an admission of wrongdoing and acknowledgment of breach of employment contracts. However, none of these terms were included in the settlement agreement.

Lewis filed the initial class action in April 2016. She said she was frustrated with the outcome, especially since two years earlier WestJet paid out $12.5 million in a baggage fee class action, nearly three times the amount agreed in the sexual harassment case.

“I’m glad it’s over… but I’m exhausted. I shake my head,” she said, adding she was advised that this was the maximum amount achievable because legal costs were mounting.

Under British Columbia law, the lawsuit includes all female flight attendants who worked for the company from April 4, 2014, to February 28, 2021, as Lewis alleged they all had their contracts breached by WestJet during that period due to the employee policy committing to a harassment-free workplace. The lawsuit argued WestJet violated its own policy by failing to take sufficient steps to address reports of assault or prevent harassment in the first place.

Lewis said she was sexually assaulted by a WestJet pilot during a layover in Hawaii in 2010 when she was 25. In court documents, she said the same pilot had also assaulted another flight attendant in 2008.

Despite reporting the assault to WestJet, the pilot remained with the company, and Lewis was eventually fired in 2016 for “gross insubordination,” according to court documents filed by WestJet that year, which she and her legal team alleged was retaliation for trying to hold the airline accountable internally. She said she abandoned her individual civil claim and instead created the class action after learning other flight attendants had also experienced harassment.

Lewis said she reported the assault to police in Maui but alleged WestJet moved the pilot to avoid being questioned in Hawaii.

She said other members of the class action were also disappointed with the outcome. Eight of them asked the province's supreme court not to approve the settlement in February when some details first emerged, citing the low compensation amount and lack of accountability from WestJet.

“We’re not getting justice here,” Lewis said.

The case drew national attention for exposing pilot behavior toward female flight attendants and the vulnerability of a workforce of young women—long the target demographic for these jobs.

A 2018 survey of more than 3,500 flight attendants by the Association of Flight Attendants found 68% had experienced sexual harassment during their careers, while only 7% reported incidents to their employers.

WestJet did not respond to questions about Lewis's assault allegations, or claims that it failed to keep the workplace free of harassment and did not properly investigate alleged sexual assaults.

In a statement, the company said it was “pleased to have reached a mutually agreeable settlement.” It stated: “We are committed to enhancing our operations and training with a focus on the safety and well-being of all WestJet employees and we remain focused on fostering a culture of empowerment.”