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

The time has come to revisit obesity – and fat shaming

I just posted in Above The Law an article about obesity, fat shaming and the Americans with Disabilities Act (“ADA”), entitled Fat Shaming At Work: Maybe A Thing From The Past?.

Last time I checked, Michigan was the only state that prohibits weight discrimination in employment (as do a half-dozen or so municipalities).  And fat shaming is not […]

“All Associates To Bible Study Class Now – Its Mandatory!”

The religious discrimination cases which get reported involve, typically, an employee whose religious beliefs require certain dress or grooming which contravenes a company’s “look policy,” or an employee whose religious beliefs and practices require certain days or time off.

Here’s a twist:  What about a case where an employee, who does not share the religious belief […]

“Why So Much Fuss Over Black Employees’ Hair?”

This is the title of my new Above The Law post.

I just read a great piece in the New York Times, entitled “Why Are Black People Still Punished for Their Hair?” by Ría Tabacco Mar, which had as a sub-heading: “Only black people are shamed when they choose to wear hairstyles consistent with their natural hair texture.”

She described […]

Forced To Retire “To Promote ‘Diversity and Intergenerational Fairness’”

All surveys and studies point to the plight of older workers – they can’t afford to retire, and at the same time they suffer age discrimination in hiring and in the workplace.

BenefitsPro notes that “It’s getting tougher for older workers, with many finding that they can’t retire—or retire as fully—as they might want to, thanks […]

Catholic Employee Harassed For Having a Crucifix: EEOC Lawsuit

Well, this is the first time I’ve seen a hostile work environment case based upon religious discrimination – that is, an employee allegedly harassed because of his religion.

The EEOC just sued a New Jersey company alleging that it knew that shortly after an employee was hired “his manager learned he was Catholic and reacted negatively upon […]

Deaf Truck Driver Refused A Job: Negative Stereotypes In Action

Another truck driver discrimination case.

You do this long enough and you detect patterns.

The EEOC just sued a Nebraska truckload carrier under the Americans with Disabilities Act (“ADA”).


The company allegedly refused to hire an applicant as a truck driver because he is deaf.

We’ve seen this before.

In May 2017 I said:
“I don’t know why, but it seems that […]

“Short Skirts At Work: A Form of Sexual Discrimination?”

Last week I addressed the pressing issue of whether “bro hugs” at work could be considered sexual discrimination, an issue which originated with a reader of the The New York Times “workologist” who said that she felt excluded when the bros at work hugged each other.

Building on that somewhat out-there issue, I asked in this […]

“Can The Boss Fire Me Just Because He Doesn’t Like Me?”

This question was nicely answered for laypeople today by the New York Times workologist.  Readers of this blog already know the answer.

A reader wrote:  “I have a new boss who is very unfair and abrasive to everyone. Hypothetically, would he be allowed to fire me just because he doesn’t like me? And if he did, […]

“Bro Hugs At Work: Sexual Discrimination?”

Hmm. What is this about?

A bro hug … sexist?  How?  Why?


In my new Above The Law post, I examine a question posed by a female reader of The New York Times “workologist” who wrote this past week that at her blue-collar job “o one ever touches me, and it’s not that I want anyone to. That would […]

“Slaves,” “Monkeys” and “Little Asians” – Racial Harassment Still Plaguing Workplaces

Three more racial harassment lawsuits in the news – both with allegations of racial slurs.

Thankfully, no N-word usage, or nooses in these cases – but just as bad.

A Jacksonville-based online retailer of officially licensed sports merchandise has just been sued by the EEOC for race harassment and retaliation. The suit alleges that the company maintained […]