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

Ageism is prejudice against our own future selves

“As I am now, so you will be.”

As a child I read this on an old colonial-era tombstone in New England – and it chilled my blood.

Now, decades later, well into my “age-as-protected-class” years, I recognize it as an all-too-true statement on the human condition. Dead or alive. Past, […]

All NY Employers (State and City): You Are REQUIRED By New Laws To Provide Employees With Sexual Harassment Avoidance Training!

Sexual Harassment Is A Significant Workplace Problem

A new Siena College survey has found that 45 percent of women report having been sexually harassed in their lives, an increase from 36 percent who reported the same last year.

Notably, 70 percent of men and women reported that workplace sexual harassment is a significant problem.

As […]

Aging? A Couple of Articles To Lift Your Spirits

I’m a little behind in my reading but bear with me.  Here are a couple of interesting articles on aging and age discrimination that I think bear looking at if you’re feeling that the new year just means that you’re one year closer to .. you know what.  Read these articles and take heart!    

In […]

Holy Moly! Whopping $21.5 Million Verdict Because She Couldn’t Work On Sunday “Because Sunday I Honor God”

We have published many posts about the tension between religion beliefs and practices and an employer’s right to reasonable control of the workplace.  This tension is, of course, addressed in Title VII which prohibits workplace discrimination on the basis of, among many things, religion. Indeed, it is fair to state that Title VII created that […]

“You All’s President”

It’s not only the EEOC which is litigating cases of racial harassment which hit the news – today’s post is about a recent case arising out of the Iowa Civil Rights Commission.

Iowa?  A beacon of civil rights?

Who knew?

Apparently, a business owner in West Des Moines was hit with a $14,700 judgment (lost wages and damages) […]

So Sue Me: One MORE “Low Hanging Fruit” Case in 2018

Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of “low hanging fruit.”  That is, targeting health care providers for alleged disability law violations.

These cases are coming fast and furious.

The EEOC just reached a “voluntary conciliation agreement” with […]

Corporate Appearance Policies Versus Religious Practices: A Delicate Legal Balance

An enormous new settlement of a religious discrimination case brought by the EEOC presents a perfect opportunity to reprise an old post with a new addition.

Can an employer fire someone for wearing a veil or hijab?

Or a turban?

Having dreadlocks?

Does a corporate policy on employee appearance trump religious dress or grooming requirements?

The bottom line is:  Unless […]

One more “EEOC goes after low hanging fruit” post before the new year!!

For anyone just coming upon this blog, I like to highlight a few important trends or repeated fact patterns, such as code words for “old” in age discrimination cases, or the seeming increase in the use of the “N-word” in workplaces.

And one of my favorites is posting about EEOC developments involving disability or pregnancy discrimination […]

Retaliation: What Is Temporal Proximity?

It’s that wonderful time of the year when we remind everyone about the concept of retaliation in discrimination law.

It’s pretty important: in 2016, then-EEOC Chair Jenny R. Yang said that “Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination.”  That half of all charges […]

Heart Attacks, Hair On Fire and… Santa?

A new study on the dire health effects of workplace bullying and violence has been reverberating worldwide and, perhaps … maybe … possibly, might open the door to the possibility for the enactment, or at least serious discussion, of workplace anti-bullying legislation, which has been effectively stalled in the US.

I wrote about this, and more, […]