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 Harassment of Vulnerable Workers – Early 2019 Edition

The number of cases of workplace sexual harassment has not gone down despite the bright light shining on it; on the contrary, the number has gone way up.

Sexual harassment is, of course, like sexual assault, in that it has little to do with sex and all to do with power differential and misogyny. And as […]

Disabled Employees and Harassing Coworkers: Significant New Decision

Well, it took a while but the federal circuit appeals court in NY just joined it “sister circuits” and held that “hostile work environment claims are cognizable under the ADA.”

What does this mean?

Title VII provides that it “shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge […]

Vet With Service Dog Denied Employment: Was Company Asking The EEOC To Sue It?

There appears to be a new category of cases where the EEOC may be targeting employers who discriminate:  veterans with disabilities.

Why?

The employers are easy targets.  You know:  “low hanging fruit.”

I already posted last week about the EEOC going after “fat, juicy targets”:

My review of the cases brought by the EEOC in the last few years leads me to believe that […]

Waddya Think? Is The Word “Elderly” Offensive and Ageist?

Words are important; designations and characterizations are important. What people are called is important – for many reasons.

Readers know that I collect, among other things, words and comments directed to or describing older workers that are coded ageist comments.

Just the other day I summarized a few years’ worth of such coded language:

“Perhaps some employers think that […]

Ridiculed At Work For Her Disability: EEOC

Workplace harassment is not limited to sexual or racial categories, although those are the most common. A new lawsuit by the EEOC shows how cruel people can be – ridiculing a disabled worker because of her disability.

A Michigan egg producer was sued for hostile work environment and retaliation by the EEOC on behalf of a line […]

The EEOC sees health care folks as fat, juicy targets in disability cases

It’s been some time now since I’ve written about the EEOC and “low hanging fruit” – so let me explain to new readers.

My review of the cases brought by the EEOC in the last few years leads me to believe that the EEOC finds that targeting health care professionals for disability or pregnancy discrimination yields cheap […]

“There are too many old men … and they should all retire”’

Yep, that was what allegedly was said to a former University of Pittsburgh business professor who sought to take tuition-covered coursework towards a doctoral degree.  At least that’s what he alleges in in a newly-filed federal Age Discrimination In Employment Act (“ADEA”) and state law complaint. 

As well as “the money invested to provide additional training and education would be […]

If You Had Any Doubt That The Workplace Is A Microcosm of Society …

As readers of this blog likely know, among other things that I publish whenever I hear about them are cases where a noose or the N-word are used in the workplace. If for no other reasons than to remind that evil still lurks in the hearts of (wo)men.…

Well, here’s another reminder – courtesy of WaPo. It seems that […]

70% Of NYS Women: Workplace Sexual Harassment Is a Problem (But “Hope for Reform Remains Strong”)

An article in the New York Law Journal reminds us that “the workplace sexual harassment crisis is not waning.”

It cites a poll from Sienna College which shows that almost half of all women in NYS have been victims of sexual harassment, and that 70% say that workplace sexual harassment is a problem.

However, reporter Amy […]

Providing Employee With Crohn’s Disease A Flexible Bathroom Break Schedule: “Time Theft” Or Reasonable Accommodation?

Being moved closer to a bathroom doesn’t sound like it’s too burdensome an accommodation to an employee suffering from Crohn’s Disease – a condition included in the Americans With Disabilities Act (“ADA”) Amendments of 2008 as a disability.

But an employee at an Amazon call center alleges in a new ADA lawsuit that the strict corporate […]