WestJet agrees to pay settlement in sexual harassment suit
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WestJet → agree → suit
The airline did not admit liability in the $4.5M case brought forward by flight attendants
WestJet has agreed to pay $4.5 million to settle a sexual harassment class-action lawsuit launched a decade ago involving more than 3,000 flight attendants, according to the lead plaintiff and her lawyer.
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WestJet → admit → plaintiff
They say a B.C. judge on Monday approved the terms of the settlement, which were finalized in June.
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which → say → June
WestJet said in a statement it is "pleased" to have reached a settlement.
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it → say → settlement
Former flight attendant Mandalena Lewis alleged that a pilot sexually assaulted her on a layover in Hawaii in 2010.
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pilot → allege → 2010
After launching a lawsuit in 2016, other women who worked for the airline came forward and the case was certified as a class action by the B.C. Court of Appeal in 2022.
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case → launch → 2022
The flight attendants allege WestJet failed to provide a safe workplace with adequate anti-harassment measures.
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WestJet → allege → measures
Lewis told CBC News on Wednesday she is relieved the case is done with, but doesn't feel like the plaintiffs got "full justice."
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plaintiffs → tell → justice
She said she is feeling deflated by the "symbolic" dollar amount and the fact that WestJet did not admit wrongdoing under the terms of the agreement.
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WestJet → say → agreement
"It's the best we could get given the circumstances.
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we → get → circumstances
I had to fight tooth and nail for these slivers," Lewis said.
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Lewis → have → slivers
Female flight attendants say WestJet policies failed to protect them.
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policies → say → them
A court will rule on a settlement
Court orders WestJet to hand over flight attendant harassment files in class-action lawsuit
The $4.5 million will be distributed among 3,452 flight attendants after expenses are deducted, including legal fees.
She said that works out to about $400 for each flight attendant involved in the suit.
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that → rule → suit
Lewis says the judge also reduced her honorarium that was agreed to be paid out in the settlement, to $10,000 from $20,000.
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that → say → 20,000
"At the end of the day, I'm glad this is over, I am glad we set a legal precedent.
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we → set → precedent
I'm not glad with the number, I don't think it's enough."
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it → think → number
WestJet said in an email to CBC News it is "committed to strengthening our operations and training, focused on the safety and well-being of all WestJetters" and "focused on advancing a culture of empowerment."
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it → say → empowerment
Under the terms of the settlement, WestJet is to retain a third-party consultant to conduct a workplace assessment to determine the prevalence of harassment in the workplace, the extent of underreporting and how to make reporting and response systems more effective.
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systems → retain → underreporting
In an affidavit, Lewis said speaking with and supporting more than 100 former flight attendants regarding their experiences with sexual harassment — conversations she had in her role as lead plaintiff — took an extreme physical and emotional toll throughout the legal process.
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she → say → process
She told CBC News on Wednesday that the experience has been a "nightmare."
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experience → tell → Wednesday
Lewis said the sexual assault and harassment of female flight attendants is a "deep-seated, historical, systemic issue" that continues in the airline industry today.
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that → say → industry
"I took it on because I knew what a huge problem it was," she said.
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she → take → it
"I did it for myself and I did for other flight attendants who I know went through what I went through.
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I → do → what
And many are still going through it."
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many → go → it
Lewis has said she reported the alleged 2010 assault to her managers and to the RCMP, who contacted police in Maui at the time.
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who → say → time
The U.S. federal prosecutor in Maui laid charges, but Lewis said she was told the pilot could only be arrested if he returned to the island.
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he → lay → island
WestJet's handling of sex assault claim left employees vulnerable, says fired flight attendant
WestJet sexual assault allegations addressed by CEO
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allegations → leave → CEO
Later, another flight attendant reached out to Lewis and alleged that she had been sexually assaulted by the same pilot in 2008.
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she → reach → 2008
In 2016, the airline fired Lewis for insubordination after she had demanded for months to see her employment record to determine whether WestJet took any action on her complaint.
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WestJet → fire → complaint
The class-action suit settled Monday alleged that WestJet “breached contracts of employment with female flight attendants by failing to implement and maintain an adequate anti-harassment program, including adequate systems and practices for reporting, investigating, and responding to workplace harassment” between April 4, 2016 and Feb. 28, 2021.
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WestJet → settle → April
WestJet denied those allegations.
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WestJet → deny → allegations
The basis for compensation was costs that WestJet allegedly avoided through its failure to implement an adequate anti-harassment program, rather than compensation for harms suffered by the flight attendants.
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WestJet → avoid → attendants
lawyer
Joshua Coratti, associate lawyer with the Toronto employment law firm Ball Professional Corporation, says the settlement looks like a "pretty good deal" for WestJet, as it absolves them of liability for individual claims from plaintiffs, which could have been more costly.
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which → say → plaintiffs
"Doing a class-action lawsuit, you often end up with a lot less in terms of the monetary value for each individual plaintiff.
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you → do → plaintiff
As it turns out, typically lawyers are the ones who win the class action lawsuits.
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who → turn → lawsuits
They're the ones collecting very large legal fees," Coratti told CBC News.
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Coratti → collect → News
"What it can do, is it can show that certain behaviour is not permitted.
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behaviour → show → What
It can get companies to be a little bit more hesitant to engage in large-scale violations to that effect."
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companies → get → effect
