A British Columbia court will soon determine whether to approve a $4.5-million settlement involving female WestJet flight attendants who claim the airline lacked proper procedures to address harassment.
Lawsuit Origins and Expansion
Former WestJet flight attendant Mandalena Lewis launched the lawsuit nearly a decade ago. She alleged the airline failed to support her following an alleged sexual assault by a pilot during a 2010 layover in Hawaii. Additional women from the airline stepped forward, leading to the case’s certification as a class action by the B.C. Court of Appeal in 2022.
The class action claims WestJet breached employment contracts with female flight attendants by not implementing or maintaining an effective anti-harassment program. This included inadequate systems for reporting, investigating, and responding to workplace harassment from April 4, 2016, to February 28, 2021.
Settlement Terms
Reached through mediation in December, the agreement requires WestJet to pay $4.5 million. Funds cover compensation for 3,458 class members, legal fees, administration costs, and a $20,000 honorarium for Lewis as lead plaintiff. Compensation reflects costs WestJet allegedly avoided by not having a proper anti-harassment program, not direct payments for individual harms. WestJet admits no liability.
Lead Plaintiff’s Experience
In an affidavit, Lewis described the heavy physical and emotional toll of supporting over 100 former flight attendants. “Giving space to women to open up about some of the worst experiences that they have ever encountered was extremely disruptive to my personal life,” she stated. “Many have not been able to afford therapy, and lack a personal support network, so for some, I was the first person that they had truly opened up to about the experience.”
Lewis noted she agreed to the settlement after consultations with her lawyers and the mediator, despite hopes for more substantial outcomes.
WestJet’s Rationale
WestJet stated it prepared a strong defense but settled to avoid the expenses, inconvenience, and distractions of prolonged litigation. Officials emphasized that a trial would demand significant court resources and party time.
Class Member Objections
Eight class members have formally objected to the B.C. Supreme Court, urging rejection of the deal. After deducting legal fees and costs, individual payouts would range from $700 to $1,000.
Andrea Zimmerman, a former WestJet flight attendant from 2008 to 2022, called the settlement “an insult.” She highlighted the airline’s recent $12.5-million baggage fee settlement and compared it to sexual assault cases with payouts in the tens of thousands.
Zimmerman shared that two friends confided in her about assaults by the same pilot during that period, with the company failing to act. None of the allegations have been proven in court. She expressed concerns that the agreement lacks measures to ensure a safe workplace for women, public accountability, improved reporting systems, or therapy access.
“I still think a lot of women will still be afraid to report harassment. It’s very disappointing,” Zimmerman said.
