B.C. Court Nears Decision on WestJet Harassment Settlement
A British Columbia court prepares to rule in the coming days on a proposed $4.5-million settlement involving female WestJet flight attendants. The women claim the airline lacked proper procedures to address workplace harassment.
Former flight attendant Mandalena Lewis initiated the lawsuit nearly a decade ago. She alleges WestJet failed to support her following a sexual assault by a pilot during a 2010 layover in Hawaii. Additional women stepped forward, leading to certification as a class-action lawsuit by the B.C. Court of Appeal in 2022.
Lawsuit Allegations
The class action accuses WestJet of breaching employment contracts with female flight attendants. Specifically, the airline allegedly failed to implement and maintain an effective anti-harassment program, including systems for reporting, investigating, and responding to incidents, from April 4, 2016, to February 28, 2021.
Settlement Terms
Reached through mediation in December, the agreement allocates $4.5 million for compensation to 3,458 class members, legal fees, administration costs, and a $20,000 honorarium for Lewis as lead plaintiff. Compensation covers costs WestJet avoided by not establishing an adequate anti-harassment program, rather than direct damages for individual harms. WestJet admits no liability.
In an affidavit, Lewis describes 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 states. “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 notes she agreed to the settlement after consultations with her lawyers and the mediator, despite hopes for more substantial outcomes.
WestJet explains the agreement avoids the expenses, inconvenience, and distractions of prolonged litigation. A trial would demand significant court resources and party resources.
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 range from $700 to $1,000.
Andrea Zimmerman, a former WestJet flight attendant from 2008 to 2022, labels the settlement “an insult.” She highlights WestJet’s recent $12.5-million baggage fee settlement and compares it to sexual assault cases awarding tens of thousands per claimant.
Zimmerman shares that two friends confided in her about assaults by the same pilot during her tenure, with the company failing to act. None of the allegations have been proven in court.
She expresses concerns that the agreement lacks measures to ensure a safe workplace for women, such as public accountability, improved reporting systems, and therapy access. “I still think a lot of women will still be afraid to report harassment. It’s very disappointing,” Zimmerman says.
