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

No, No Manolo! Stick To Shoes!

In my new Above The Law post I noted that Manolo Blahnik, the shoe king, was concerned about giving compliments at work — he told an interviewer “about how he struggles with knowing ‘what he can say …  I cannot say, ‘How wonderful you look.’  I cannot pay compliments… because maybe it can be called sexual harassment.’”

I said that
“Not […]

EEOC Sues Another Health Care Provider For Alleged Pregnancy Discrimination

Well, chalk up another healthcare provider nabbed by the EEOC for allegedly violating the Pregnancy Discrimination Act (“PDA”), an amendment to Title VII of the Civil Rights Act of 1964. Add this to the numerous such lawsuits brought against healthcare providers under the Americans With Disabilities Act (“ADA”).

I have warned healthcare providers for years not to […]

Completed Sexual Harassment Training: Fired For Sexual Harassment 6 Weeks Later

Here’s a news brief that is quite disturbing – on many levels.

All Iowa Senate employees are required to participate in sexual harassment training and then attest that they have read Iowa Senate personnel guidelines which prohibit all types of harassment.

Well, according to the Des Moines Register it seems that a young Senate clerk participated in […]

Texas Federal Court Holds Transgender Woman Covered by Title VII

A breaking new decision out of a federal court in Texas perhaps points the way to the future in civil rights employment litigation. It involves a transgender woman who was denied hiring and sued under Title VII claiming gender discrimination.

The result was not in favor of plaintiff, but the Court’s reasoning and acceptance of transgendered […]

Salvation Army Refused To Hire Man With Intellectual Disability: Agrees To Pay $55,000

“Say it ain’t so!  Not the Salvation Army!”

This was the reaction of a lot of blog readers in late 2016 when I reported that the EEOC had just sued a Salvation Army thrift store in Wasilla, Alaska (I think I can see it from my roof!), for allegedly refusing to hire an otherwise qualified young man for […]

A Few Light Touchings Is Mere “Casual Contact” – But The Retaliation Is Deadly

While we blog all the time about how to recognize, prevent and remedy discrimination and harassment in the workplace, we have spent much less time discussing retaliation – which is more deadly to employers because it is much easier to prove, and so easy to (even inadvertently) do.


My Above The Law post today discusses why retaliation […]

Pregnant Bartender Will Not Wear Hot Pants? Fired!

Another pregnancy discrimination lawsuit in the news.   Seems like I’m writing this every day.

A sports bar in Texas just settled with the EEOC for $24,000 in a Pregnancy Discrimination Act (“PDA”) lawsuit.

What did they supposedly do?

Well, it seems that a bartender who became pregnant began wearing capri pants “and added a second layer of clothes […]

Employer Creates New Lifting Requirement So That Pregnant Employee Cannot Meet It: EEOC Sues

Chalk up another employer who does not like to employ pregnant women or allow them to work.


Who knows.  Paternalistic concerns for the health/safety of the employee or the unborn child?  Outdated fears, myths and stereotypes?  Whatever the reason, know that it is a discriminatory employment practice.

I just blogged about a new EEOC Pregnancy Discrimination Act (“PDA”) […]

Amy Epstein Gluck (the Notorious AEG!!) Interviewed by the New York Times’ Workologist Tomorrow!

Hey – check out Amy Epstein Gluck (the Notorious AEG!!) interviewed tomorrow by the New York Times’ Workologist!

The column is entitled “How to Respond When a Colleague Is Harassing Women.”  Among other things that Amy says, which we have preached for years, is ““Make sure you have a clear policy,” and enforce it.  Amen.


Don’t miss it – Amy […]

Pregnancy Discrimination: Some Things Never Change

I just posted in Above The Law “8 Helpful Tips On What Not To Say (Or Do) To A Pregnant Employee.”  These included:
If you have an employee who tells you that she is pregnant, do not restrict her water and bathroom breaks. If you have an employee who tells you that she is pregnant, do not require […]