WestJet Settlement Exposes Systemic Harassment Protection Failures

A decade-long legal battle has exposed troubling gaps in workplace protection systems at one of Canada's major airlines, as thousands of female flight attendants continue to wait for justice in a harassment case that reveals the vulnerability of women in aviation.

The class-action lawsuit against WestJet, which began when former flight attendant Mandalena Lewis filed suit nearly a decade ago, has grown to encompass 3,500 female flight attendants who allege the airline systematically failed to protect them from workplace harassment. Lewis's original complaint stemmed from allegations that she was sexually assaulted by a pilot during a layover in Hawaii in 2010, with the airline allegedly failing to provide adequate support.

The scope of the problem became clear when the case was certified as a class action by the B.C. Court of Appeal in 2022, revealing that thousands of women had experienced similar failures in the airline's protective systems. The lawsuit alleges that WestJet breached employment contracts with female flight attendants by failing to implement and maintain adequate anti-harassment programs, including proper systems for reporting, investigating, and responding to workplace harassment between April 2016 and February 2021.

While a $4.5 million settlement has been negotiated, the terms of the agreement highlight concerning aspects of corporate accountability. [WestJet would admit no liability under the settlement](https://torontosun.com/news/national/westjet-flight-attendants-harassment-settlement), effectively allowing the airline to resolve the matter without acknowledging wrongdoing in its handling of harassment complaints.

The court proceedings have revealed additional procedural concerns that underscore the challenges faced by harassment victims seeking justice. B.C. Supreme Court Justice Jaqueline Hughes expressed concerns that class members had only three days to review the settlement terms, calling this an "exceedingly short timeframe" compared to the typical 30-day review period. This compressed timeline raises questions about whether affected employees had adequate opportunity to understand the implications of the agreement.

The case illuminates broader systemic issues within the aviation industry, where flight attendants often work in isolated environments with limited immediate recourse when harassment occurs. The five-year timeframe covered by the lawsuit suggests that inadequate protection systems persisted for an extended period, potentially exposing thousands of women to workplace harassment without proper institutional support.

The financial settlement, while substantial, amounts to roughly $1,285 per affected flight attendant if distributed equally among all 3,500 class members. This figure raises questions about whether monetary compensation can adequately address the professional and personal impacts experienced by women who allegedly lacked proper workplace protections during their careers.

As the court deliberates on whether to approve the settlement, the case serves as a stark reminder of the ongoing challenges women face in male-dominated industries and the critical importance of robust anti-harassment systems in protecting vulnerable workers.

Sources

1. Female flight attendants say WestJet policies failed to protect them. A court will rule on a settlement — CBC News
2. Court to decide on WestJet settlement with female flight attendants — Radio-Canada
3. Female WestJet flight attendants will have to wait for harassment settlement — Toronto Sun
4. Why 3,500 female flight attendants are fighting WestJet in court — Daily Hive