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Canadian airline WestJet agrees to settle flight attendants’ sexual harassment class action

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  1. WestJet Reaches Settlement in Flight Attendant Harassment Case
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WestJet Reaches Settlement in Flight Attendant Harassment Case

Wanderstayfinder.com – Canadian carrier WestJet has committed to paying C$4.5 million, equivalent to approximately £2.4 million, to resolve a lengthy legal dispute involving sexual harassment claims from its female cabin crew members. The agreement concludes more than ten years of litigation, with the airline acknowledging that it did not adequately ensure a secure working environment for its staff.

Origins of the Legal Challenge

The foundation of this case traces back to April 2016, when Mandalena Lewis, a former WestJet flight attendant, initiated the class action lawsuit. Lewis had been working for the airline when she experienced a serious incident during a layover in Hawaii in 2010. At the age of twenty-five, she was sexually assaulted by a WestJet pilot. Court records indicate that this same pilot had previously assaulted another cabin crew member in 2008.

Despite reporting the assault to the airline, the pilot continued to fly for WestJet, which Lewis argued placed other employees in danger. The situation escalated when Lewis was terminated in 2016, reportedly for “gross insubordination.” She and her legal representatives contended that this dismissal constituted retaliation for attempting to address the matter internally within the company.

“We didn’t get justice here,” said Lewis, expressing disappointment with the settlement outcome.

Settlement Terms and Exclusions

A British Columbia judge formally approved the settlement terms on Monday, following months of negotiations that concluded on June 22. The financial compensation will be distributed among 3,452 flight attendants who were part of the class action, with deductions made for legal fees and other expenses.

While the original lawsuit requested several additional measures, none were incorporated into the final agreement. These excluded provisions included mandatory anti-harassment training specifically for pilots, a formal admission of wrongdoing by the airline, and acknowledgment of a breach in its employee contract. The legal framework covered all female flight attendants employed by WestJet between April 4, 2014, and February 28, 2021, based on the assertion that the company’s employee policy guaranteed a harassment-free workplace during that timeframe.

Industry Context and Broader Implications

The case has drawn significant national attention to workplace dynamics within the aviation sector, particularly regarding the treatment of female cabin crew members. Historically, the flight attendant profession has been dominated by young women, making them a vulnerable demographic for harassment and assault.

Research conducted in 2018 by the US Association of Flight Attendants, which surveyed over 3,500 cabin crew members, revealed that 68 percent had experienced sexual harassment throughout their careers, yet only 7 percent had formally reported incidents to their employers. This data underscores the systemic nature of the problem that Lewis’s lawsuit sought to address.

Lewis has indicated that she initially pursued an individual civil claim before expanding her efforts into a class action after discovering that other flight attendants had endured similar experiences. She reported the assault to authorities in Maui but alleges that WestJet redirected the pilot to prevent him from facing questioning in Hawaii.

Reactions and Future Steps

Not all class members welcomed the settlement. Eight individuals petitioned the province’s supreme court in February to reject the agreement, citing concerns about the relatively low payout and insufficient accountability from the airline.

Lewis expressed mixed feelings about the resolution. She noted that WestJet had previously paid $12.5 million in a separate baggage fee class action just two years earlier—nearly three times the amount settled in this harassment case. Despite her disappointment, she acknowledged that the amount represented the maximum achievable given accumulating legal costs.

“I’m glad it’s over … but I’m just exhausted. I’m shaking my head,” Lewis said, reflecting on the lengthy legal journey.

As part of the settlement, WestJet has committed to engaging an independent third party to conduct a comprehensive workplace inquiry. This investigation will assess the prevalence of harassment within the organization, evaluate the extent of underreporting, and recommend improvements to existing reporting mechanisms.

WestJet declined to comment directly on Lewis’s specific allegations regarding the assault and the airline’s handling of harassment reports. In a general statement, the company expressed satisfaction with reaching a mutually agreed resolution and emphasized its commitment to enhancing operations and training programs to support the safety and wellbeing of all employees.

The settlement marks a significant moment for Canadian aviation labor relations, potentially influencing how airlines address workplace safety and accountability for their cabin crew members going forward.

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