Black Ex-Abbott Sales Executive Loses Appeal of Bias Trial Loss

Abbott Laboratories’ trial win against a Black regional sales manager was upheld by Seventh Circuit, which rejected her contentions that errors by a lower court unfairly hindered her ability to show her inclusion in a workforce reduction was driven by race and retaliation.

Jacinta Downing asserted that various evidence she offered, including the testimony of her expert witness on stereotyping and racial bias, was improperly excluded. She also argued that the trial judge misinstructed the jury, including by refusing her proposed instructions on stereotyping and the language of Title VII of the 1964 Civil Rights Act and 42 U.S.C. §1981. ...