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

You’re Fired If You Go To Ghana! You Could Catch Ebola!

This post is about Ebola – remember the fear?  the  panic??

Last year the EEOC sued a Tampa company under the Americans With Disabilities Act (“ADA”) for, as one EEOC official said, “Making employment decisions based on perceptions of disability  clearly violates federal civil rights law.”

What was this case about?

“Regarded As” Disability

Firing an employee if you perceive […]

Should flu shots for employees be mandatory?

My Above The Law post this week is entitled Lions, And Tigers, And … The Flu? Oh My!

“What if flu shots are mandatory — with termination for those who refuse such vaccinations?

Is that legal?

“The workplace is particularly vulnerable to the flu — both by being adversely affected by absenteeism, and, more importantly, as a place […]

“You snooze, you lose — you sue”

The New York Post just reported about three overweight people — one a hospital dispatcher, the second a bus driver, and the third a “would-be city garbage man,” who were fired (or not hired) allegedly because they fell asleep (or had a history of doing so) on the job.

And are now suing!

The Post said “You […]

“Only The Hearing Impaired (And Some Doctors) Actually Believe Hearing Impairment Is A Disability”

These are the words of a hearing-impaired lawyer.  So — is hearing-impairment a disability?

Deafness, or hearing impairment, as a disability, and the requirement of “reasonable accommodations,” is in the news because of a newly announced settlement of an Americans with Disabilities Act (“ADA”) lawsuit brought by the EEOC against the Cheesecake Factory in Seattle.

It was alleged that a […]

Don’t Want To Get Sued By Your Own Employees? 5 Things Not To Do

At some point you may become an employer. You know – the boss! The Man (or Woman)! I said here some time ago: “No one ever said it would be easy.”

I’ve written before that not everything is reducible to a simple list.  But an entry on a list should at least be a beginning – […]

Nooses And the N-Word At Work: Same As It Ever Was

It has been awhile since I posted about nooses and the N-word at work —
“It is extraordinary,” I wrote some years ago, “that the ‘N-word’ and the noose keep reappearing in lawsuits claiming a racially harassing workplace.”  And that “More than 50 years after the Civil Rights Acts were passed, racism continues in the society at […]

KFC Manager Forces Employee To Flush Prescribed Meds Down Toilet – Settles For $30,000

Employers take note:   If your employees are medically required to take medications, don’t insult them, make them flush theirs meds down the toilet and then fire them!

It’s not a good idea.

It’s also against the law.

The EEOC alleged that the corporate owner of a KFC restaurant in Georgia did just that with a bipolar employee – […]

Employer Settles For $94,541 – Refused Job To Applicant Who Asked To Start The Day After Rosh Hashanah

“Hard to believe but true.”

I wrote that almost a year ago when the EEOC sued a Maryland logistics/delivery company because it refused to hire an applicant for a dispatcher/customer service position who could not work on Rosh Hashanah due to his religious beliefs.

Why did it the company do that?

I don’t know – but it just […]

Sexual Harassment? Better Stay Away From Grandma The Clown!

Strange title to this post, right?

Well, as I wrote in Above The Law today, “I was walking by Lincoln Center yesterday when a radio reporter for a large station stopped me to conduct a ‘person in the street’ interview – he wanted my opinion on the sexual misconduct allegations made against Grandma The Clown.

Who?  What?

He explained […]

Wow! BigLaw Really Is A Factory!

Even I was not ready for this.

In my post “BigLaw = GargantuLaw, A Bloated Behemoth” I said that “As an escapee from BigLaw, I experienced first hand the grinding machine that it is.  Not for nothing is it known to its unhappy denizens as a law factory.”

However, I did a double take when I noticed the headline […]