About Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at Richard.Cohen@fisherbroyles.com

Of Hoodies And Hoverboards: Age Discrimination In Tech

Lisa Nagele-Piazza and Jon Steingart report in BNA.com that “’Digital native’ is generally used to describe people who grew up using digital technology.”

But posting job ads seeking “digital natives” may very well violate the Age Discrimination In Employment Act (“ADEA”), since “digital natives” are by definition under a certain age. (What age is that, exactly?).

My […]

workplace sexual harassment and bullying: what other countries are doing

See what employers and employees in other countries are doing to deal with workplace sexual harassment and bullying:  Read my new weekly employment law post in Above The Law.

Read all of my ATL posts here:  http://abovethelaw.com/author/richardcohen/


Workplace Sexual Harassment And Bullying: Can Anything Be Done?

Mea Culpa! Can an act of personal absolution change sexual harassment in Silicon Valley?

“’While I’d like to believe that I’m not a bad or evil person, regardless it’s clear that some of my past actions have hurt or offended several women.  And I probably deserve to be called a creep.’

So sorry!

This was the admission of the founder of the start-up incubator 500 Startups who resigned after the New […]

Sexual Harassment Can Happen … Anywhere

“I am always surprised that some people think that workplace sexual harassment occurs only in certain types of businesses or workplaces.  But we know that workplace sexual harassment can happen anywhere, anytime, and to anyone – there is no exempt place or person.

Of course, compliant and savvy employers can minimize the chances of it happening […]

ALERT: Janet Dhillon Picked To Lead EEOC

Janet Dhillon, EVP and General Counsel at Burlington Stores, and a graduate of UCLA Law School, has just been nominated for the position of Chairperson of the EEOC, to serve a five year term.

She was previously EVP and GC at JC Penney, and served as GC at US Airways, and Counsel at Skadden Arps.


Sexual Harassment Cases You Don’t See Everyday (Hopefully)

My new Above the Law post is about cases that are noteworthy simply for being cases that you might not hear much about – but indeed exist – all too frequently.

Like fired for “being a pit bull”

Read the entire article here.  Read all of my Above The Law articles here.


Does A Corporate Dress Policy Trump Religious Grooming Requirements?

A new settlement brings to mind an old post – which bears reposting.

The EEOC just settled a religious discrimination case filed against a Florida staffing company for the  hospitality industry.  It was alleged that an employee who was a Rastafarian, who wore dreadlocks as part of his sincerely held religious belief, was taken off his assignment […]

Biometric Scanning And The Mark Of The Beast: A Case Of Accommodation Of Religious Beliefs

Way back in October 2015 I did a post about a religious discrimination suit brought by the EEOC against a Pennsylvania coal company for refusing to accommodate (and forcing to retire) an Evangelical Christian who had been an employee for 35 years.

There may be finality now that the court of appeals has issued a decision.

The […]

Who Is A Workplace Sexual Harasser?

Has the twenty-first century seen the beginning of the end of sexual harassment in the workplace?


As I discuss in Above The Law this week, employers must take note:

“Anybody may be a workplace sexual harasser, not just coworkers or others employed by the same company. Actionable sexual harassment is not defined by who is doing it, but […]

From Rock Star To Rocking Chair??

My article last week in Above The Law was entitled “Should Men Use Botox?  Ask The Thirtysomethings Who Want To Look Young Again.”

Its about workplace age discrimination in a world with an aging population.

I wrote that “Sigh … we all get old.  Hopefully. …

Age is the only protected category under the employment discrimination laws that we all […]