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

Mark of The Beast: To The Supreme Court?

Way back in 2015 I reported on 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.

An employee for 35 years – and suddenly a problem involving his religious beliefs?  Huh?

New Fangled Tech […]

Who Do You Think The EEOC Targets Most Under The Disabilities Act?

My recent article in Above The Law provides a few hints:

“The EEOC sued a senior living community in Colorado for refusing to accommodate an employee with fibromyalgia.  The employee’s job?

The Health & Wellness Director!

A large managed care organization settled an EEOC lawsuit alleging that it fired a food service worker suffering from hydrocephalus.  The EEOC […]

Sexual Harassment of Medical Personnel – A Huge Problem

“A new U.S. study has found that ‘More than 80 percent of nearly 900 physical therapists surveyed said they have encountered sexual remarks, touches, indecent exposure and sexual assault. … U.S. health care professionals have 16 times greater risk for non-fatal violence at work than other fields.…’”

Sexual harassment of […]

Five Tips On Getting Hired That Will Shock You

My new Above The Law article is entitled Five Tips On Getting Hired That Will Shock You.

It begins:

“I like lists.   They simplify things.  They break down complexities into swallow-able sound bites.  And sometimes they even educate. …

Today’s list is for everyone – everyone who is or will be looking for a job.  It is not […]

KKK hoods are becoming popular again these days

I just posted an article in Above the Law in which I noted that:

“Unfortunately, recent events make it time to revisit the N-word in the workplace — which I wrote about only last month. At that time, I called it “progress” that a federal appeals court had found that a single use of the N-word was […]

Ebola, Trypanophobia, And Deafness: What Does The ADA Require?

The questions raised by the Americans With Disabilities Act can’t be answered with a simple yes or no.

From my new article in Above The Law:

“Are you required to hire someone with a disability even if he cannot do the job?

And can you refuse to hire someone who you think – maybe – has a disability?

The […]

Religious discrimination cases are raising thorny legal issues

“Skirts, hair follicles, the flu, dreadlocks and the Mark of the Beast — say what?  Do these things have anything in common — and in an employment-law article? 

They all involve employee religious beliefs or practices. We are in a period right now where religious discrimination cases are dominating headlines – indeed, where religious rights […]

Biglaw: Do You Know What You’re Getting Into?

This snippet from my article in Above The Law is, indeed, about employment – of lawyers. 

“Well, you passed the fraternity hazing that is law school, and the Bar exam – and if you are lucky and are allowed to pass, will be permitted to enter the hallowed trade guild that is the bar.  Law school […]

The N-Word: How Many Uses Are “Severe” Enough To Create A Hostile Work Place?

In answer to the title question, I would have to say “not clear” – but likely more than one.

Courts, thankfully, are virtually unanimous in condemning such things.  Unfortunately, they are not so unanimous in their decisions.  Most courts have held that such racial slurs and tropes must occur more than once to make out a hostile […]

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 […]