Jackson v. Kleen 1, LLC, 238 So. 3d 378

Jackson worked for Kleen 1 for less than one week and alleges discriminatory racial comments by a supervisor.
Jackson claims he was fired after reporting the discriminatory conduct and that he bore a disproportionate share of duties due to race/origin.
He sues under Florida Civil Rights Act for racial discrimination, national origin discrimination, and retaliatory discharge; seeks lost wages and emotional distress damages.
At trial, jury finds in Kleen 1's favor on Counts I and II, but in Jackson's favor on Count III; damages awarded for emotional distress but none for wages.
Kleen 1 moves for directed verdict on Count III; trial court enters judgment for Kleen 1; on appeal Jackson challenges the directed verdict and the damages ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the directed verdict on retaliatory discharge was proper	Jackson claims sufficient evidence supported retaliatory discharge.	Kleen 1 argues no evidence supported the damages/retaliation finding.	Reversed: there was enough evidence for retaliation verdict; remanded for amended judgment
Whether there was sufficient evidence to support damages for emotional pain	Jackson argues the evidence of emotion was sufficient to support $8,500.	Kleen 1 contends there is no evidence of actual emotional injury beyond vague feelings.	Affirmed denial of emotional damages; damages for emotional distress reversed; nominal or no damages suggested

Russell v. KSL Hotel Corp., 887 So.2d 372 (Fla. 3d DCA 2004) (elements of statutory retaliation claim)
Salinas v. O’Neill, 286 F.3d 827 (5th Cir. 2002) (emotional-injury standard for damages)
Akouri v. State of Fla., Dep’t of Transp., 408 F.3d 1338 (11th Cir. 2005) (needs demonstrable emotional distress for damages)
Patterson v. P.H.P. Healthcare Corp., 90 F.3d 927 (4th Cir. 1996) (emotional-distress damages require articulable distress)
Price v. City of Charlotte, 93 F.3d 1241 (4th Cir. 1996) (constrains conclusory emotional-distress claims)