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

Ebola, Trypanophobia, And Deafness: What Does The ADA Require?

The questions raised by the Americans With Disabilities Act can’t be answered with a simple yes or no.

From my new article in Above The Law:

“Are you required to hire someone with a disability even if he cannot do the job?

And can you refuse to hire someone who you think – maybe – has a disability?

The […]

Religious discrimination cases are raising thorny legal issues

“Skirts, hair follicles, the flu, dreadlocks and the Mark of the Beast — say what?  Do these things have anything in common — and in an employment-law article? 

They all involve employee religious beliefs or practices. We are in a period right now where religious discrimination cases are dominating headlines – indeed, where religious rights […]

Biglaw: Do You Know What You’re Getting Into?

This snippet from my article in Above The Law is, indeed, about employment – of lawyers. 

“Well, you passed the fraternity hazing that is law school, and the Bar exam – and if you are lucky and are allowed to pass, will be permitted to enter the hallowed trade guild that is the bar.  Law school […]

The N-Word: How Many Uses Are “Severe” Enough To Create A Hostile Work Place?

In answer to the title question, I would have to say “not clear” – but likely more than one.

Courts, thankfully, are virtually unanimous in condemning such things.  Unfortunately, they are not so unanimous in their decisions.  Most courts have held that such racial slurs and tropes must occur more than once to make out a hostile […]

Of Hoodies And Hoverboards: Age Discrimination In Tech

Lisa Nagele-Piazza and Jon Steingart report in BNA.com that “’Digital native’ is generally used to describe people who grew up using digital technology.”

But posting job ads seeking “digital natives” may very well violate the Age Discrimination In Employment Act (“ADEA”), since “digital natives” are by definition under a certain age. (What age is that, exactly?).

My […]

workplace sexual harassment and bullying: what other countries are doing

See what employers and employees in other countries are doing to deal with workplace sexual harassment and bullying:  Read my new weekly employment law post in Above The Law.

Read all of my ATL posts here:  http://abovethelaw.com/author/richardcohen/


Workplace Sexual Harassment And Bullying: Can Anything Be Done?

Mea Culpa! Can an act of personal absolution change sexual harassment in Silicon Valley?

“’While I’d like to believe that I’m not a bad or evil person, regardless it’s clear that some of my past actions have hurt or offended several women.  And I probably deserve to be called a creep.’

So sorry!

This was the admission of the founder of the start-up incubator 500 Startups who resigned after the New […]

Sexual Harassment Can Happen … Anywhere

“I am always surprised that some people think that workplace sexual harassment occurs only in certain types of businesses or workplaces.  But we know that workplace sexual harassment can happen anywhere, anytime, and to anyone – there is no exempt place or person.

Of course, compliant and savvy employers can minimize the chances of it happening […]

ALERT: Janet Dhillon Picked To Lead EEOC

Janet Dhillon, EVP and General Counsel at Burlington Stores, and a graduate of UCLA Law School, has just been nominated for the position of Chairperson of the EEOC, to serve a five year term.

She was previously EVP and GC at JC Penney, and served as GC at US Airways, and Counsel at Skadden Arps.


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.