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 Jokes And Banter At The Water Cooler: Not Cool At All!

The title above is the title of my weekly article in Above The Law.

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 not in the workplace. […]

We Cannot Hire You Because We Have To Maximize Longevity

Guess what this post is about?

It’s been awhile since I’ve seen a new code word or phrase for age discrimination.  A newly-filed EEOC suit gives me the opportunity to recap my collection of such words and phrases.

The EEOC just sued a Florida restaurant under the Age Discrimination In Employment Act (“ADEA”), alleging that it told a qualified […]

Sex and The Start-Up

If you had any doubt that startups are incubators of sexual harassment which leads inexorably to sexual harassment charges and lawsuits which can cripple, if not destroy your company, as I wrote about this week in Above The Law, I recommend reading Lara Vapnyar’s book review in this weekend’s New York Times of a novel by Doree Shafrir entitled […]

You Are Not Hired: Age Will Matter and This Is A Job For A Man!

Sometimes people can be pretty obtuse.

It’s one thing to disguise discrimination, use code words or simply say nothing. It’s another to come right out and say something that is facially violative of the anti-discrimination laws.

Two staffing agencies are the examples here.

Age will matter

According to a newly filed EEOC suit, a New Jersey IT staffing firm allegedly told […]

Sexual harassment can kill you if you are a start-up company

In my weekly Above The Law article, entitled Sex Can Kill A Start-Up — Sexual Harassment, That Is, I comment that:

“Running a business, or a law firm, is hard work, and starting one is even harder. You enter a vast unknown of market forces, customers and clients, vendors… and not insignificantly, personnel.

The unglamorous task of […]

EEOC Suit: Restaurant Manager Sexually Harassed Two Sisters – One After The Other

Just a couple of months ago I posted a news story from Canada about an academic study which found that “Female servers have to put up with a lot of sexual harassment on the job.”  The study “found low wages and a dependence on tips makes some female servers more vulnerable to sexual harassment from customers […]

How Many Swastikas Sprayed On The Locker Of An Auschwitz Survivor Constitutes Hostile Work Environment

“If you were a (rare) survivor of the Auschwitz death camp, would one swastika spray painted in your workplace be enough to create a hostile environment for you? Or one “Hitler” scrawled on your work locker?

No? How about two?

OK — how many, then?

These may be hypotheticals, but the underlying issue is all too real for people of color. It […]

Employment Decisions Based Upon Perceptions Of Disability Violates The ADA

Firing an employee if you perceive that he/she is disabled is just as violative of the Americans With Disabilities Act (“ADA”) as if he/she actually had a disability.

A Tampa company was just sued by the EEOC under the ADA for, as one EEOC official said, “Making employment decisions based on perceptions of disability  clearly violates […]

Truckers Sue Under The ADA

I don’t know why, but it seems that employment discrimination lawsuits involving trucking companies are becoming a staple over at the EEOC.  As I collect disability cases filed by the EEOC against medical and healthcare folks (“easy pickins’ for thhe EEOC”), it seems that I am encountering a growing number of such cases involving truck […]

Will The NY Federal Appeals Court Reconsider Whether Title VII Covers Sexual Orientation?

A little more than a month ago, a three-judge federal appeals panel in New York City held in Christiansen v. Omnicom Grp., No. 16-478, 2017 WL 1130183, at *2 (2d Cir. Mar. 27, 2017), that Title VII does not cover sexual orientation discrimination claims.

The Court seemed to be unhappy with its decision, holding that it […]