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

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 […]

ALERT: Full Federal Appeals Court In NYC To Reconsider Whether Title VII Covers Sexual Orientation

In really breaking news, the federal appeals court in NYC just agreed to have its full bench reconsider the issue “Does Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sexual orientation through its prohibition of discrimination ‘because of … sex’?”

This comes after a three-judge federal appeals panel of […]

“Should Men Use Botox? Ask The Thirtysomethings Who Want To Look Young Again”

“Sigh … we all get old.  Hopefully. …”

Thus begins my latest article in Above The Law, bearing the title above.

It continues:

“Age is the only protected category under the employment discrimination laws that we all hope we enter. (Except for pregnancy, I guess, which eliminates a lot of us.)

We may hope to become old, but the workplace […]

One-Day Start Date Postponement To Accommodate Religious Observance: Not An Undue Hardship

Hard to believe but true.

A Maryland logistics/delivery company was just sued by the EEOC because it refused to hire an applicant for a dispatcher/customer service position who could not work on Rosh Hashanah due to his religious beliefs.

Why did it do that?

Got me.

Apparently, he was willing to start the day after Rosh Hashanah, but a […]

Job “Too Demanding” For Pregnant Employee, So She’s Demoted And Fired

We ‘ve said it a lot: “The day is over when an employer could force a pregnant woman out of her job because of stereo­typical, unsupported beliefs about her abilities. A company cannot take it upon itself to remove an employee from her job because it suspects her pregnancy or a pregnancy-related medical condition may […]

Is There A Bright Line Between Salty Jokes And Compliments, And Sexual Harassment?

My new article in Above The Law discusses this very fraught workplace issue – which is not a hypothetical.

It begins:

“We all like to joke, tease, prank, and – face it – it sometimes gets a bit out of control, and the language gets a little ‘salty.’    All in good fun, in the right place and context.

But […]