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

Reminder To ALL New York Employers – Training To Prevent Sexual Harassment Is Mandatory – Now!

The EEOC just sued a Chili’s restaurant in Colorado alleging that “the restaurant’s managing partner and assistant manager subjected female servers and hostesses to sexual harassment, including pervasive sexual comments and innuendo.”

Moreover, it is alleged that “the restaurant failed to take preventative or corrective action when employees complained about the harassment and that some […]

“Foreign and Chinese Beauties and Hunks” – OK For Job Ads?

Maybe in China. Or even in the US.

Both countries prohibit job discrimination based on gender and age, but not, as we shall see, based on looks or beauty per se. So, is a job ad for software engineers which boasts of employing “foreign and Chinese beauties and hunks” discriminatory?

Or an ad which states that applicants […]

Did Mr. Stinky Create a Hostile Work Environment?

Ok, everybody. Here’s a case which cannot be ignored – but probably should be.

But your intrepid blog covers it anyway, because we believe that you have a right to know!  (And you thought that employment law was boring!)

It ostensibly involves bullying, which, as we know, is not actionable in virtually every jurisdiction in the US […]

Employer Which Helps People With Disabilities Get Jobs Fires Employee With a Disability: And Other Sad Tales from The Workplace

They seem to be increasing rapidly and feeding my obsession to report them.

Huh?

That is, the EEOC’s seemingly insatiable targeting of health care providers for alleged violations of the Americans With Disabilities Act (“ADA”).

And why?

If you are a reader of this blog you know. But if not … I refer to this type of ADA case […]

Claustrophobia As A Disability: When The Walls Start To Feel Like They’re Closing In

A Texas hair salon found out the hard way – in 2016 it had to pay $60,000 to settle an EEOC suit filed a while ago under the Americans With Disabilities Act (“ADA”).

For what?

Turns out that the stylist suffered from, and told the salon that she could not work at a salon station “if it […]

Sexual Harassment of Vulnerable Workers – Early 2019 Edition

The number of cases of workplace sexual harassment has not gone down despite the bright light shining on it; on the contrary, the number has gone way up.

Sexual harassment is, of course, like sexual assault, in that it has little to do with sex and all to do with power differential and misogyny. And as […]

Disabled Employees and Harassing Coworkers: Significant New Decision

Well, it took a while but the federal circuit appeals court in NY just joined it “sister circuits” and held that “hostile work environment claims are cognizable under the ADA.”

What does this mean?

Title VII provides that it “shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge […]

Vet With Service Dog Denied Employment: Was Company Asking The EEOC To Sue It?

There appears to be a new category of cases where the EEOC may be targeting employers who discriminate:  veterans with disabilities.

Why?

The employers are easy targets.  You know:  “low hanging fruit.”

I already posted last week about the EEOC going after “fat, juicy targets”:

My review of the cases brought by the EEOC in the last few years leads me to believe that […]

Waddya Think? Is The Word “Elderly” Offensive and Ageist?

Words are important; designations and characterizations are important. What people are called is important – for many reasons.

Readers know that I collect, among other things, words and comments directed to or describing older workers that are coded ageist comments.

Just the other day I summarized a few years’ worth of such coded language:

“Perhaps some employers think that […]

Ridiculed At Work For Her Disability: EEOC

Workplace harassment is not limited to sexual or racial categories, although those are the most common. A new lawsuit by the EEOC shows how cruel people can be – ridiculing a disabled worker because of her disability.

A Michigan egg producer was sued for hostile work environment and retaliation by the EEOC on behalf of a line […]