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 37! Too Old for A Promotion!

That’s right – you’re over the hill!!

Seems that, according to a new study, “the frequency of promotions in tech declines rapidly after age 36.”

It’s downhill after that.

“The report also shows that the average age for tech workers is 38, compared to 43 for non-tech workers. And 42 is the average age of tech-industry managers, […]

If You Read This Blog You Can Probably Make A Good Guess As To What the Racial Epithet Was

The EEOC just sued a large health organization for alleged racial harassment and retaliation against African American employees in its California facility, contending that “such harassment was perpetrated by co-workers, supervisors, and managers, and included daily use of racial epithets, degrading racial comments and racially derogatory graffiti.”

The EEOC, uncharacteristically, did not say what the racial epithets were.  […]

Female Lawyers: Still Harassed Worldwide

An International Bar Association survey of 135 countries has found that one in three female attorneys has been sexually harassed at work, and half have been bullied.

Shocked?

Shouldn’t be.

It’s the power differential inherent in BigLaw that we have described before. The prevailing compensation structure and traditional BigLaw firm culture is toxic. 

And, indeed, this […]

Low Hanging Fruit: Take 967

Ok, this is a little different than the usual. Only a little.

This particular health care provider which the EEOC nailed for $950,000 provides such care nationwide for jails and corrections facilities, not the public. But the takeaways are the same.

I hope readers can by now in my refrain: “the EEOC likes to target health care providers […]

“Why does he sexually harass me at work?”

Good question.

Seems that the more complaints of sexual harassment that are made, the more surface. Don’t get me wrong, anti-harassment training is, of course, a must – and is now required in some places such as NYS and NYC.

But why does it happen in the first place?

Here’s a couple of things […]

What’s Wrong With These Health Care Folks? Haven’t They Heard of the ADA?

Ok, these cases are becoming so frequent that it’s now about time to start a new blog called “Health Care Providers and The Americans With Disabilities Act.”  The ADA.

What am I talking about?

The EEOC’s seemingly insatiable targeting of health care providers for alleged violations of the ADA.  See my numerous posts, as recently as last week.

I […]

It Should Now Be Clear: “Playful” Sexual Harassment And Abuse Is Actionable

In case you needed a reminder or a heads up: a $150,000 settlement is pretty good support for the proposition that “he was just being playful” is not an adequate response to a sexual harassment complaint.

It was alleged by the EEOC that a supervisor at a Bronx location of a nationwide provider of housing […]

Weight Anti-Discrimination Law?

There may be a new law in Massachusetts – similar to the one in Michigan, it would prohibit discrimination in employment on the basis of height and weight – creating new protected classes.

Is this necessary?

You bet.

As I just posted this week, “beauty bias” and “lookism” in employment create drastic pay disparities and discourage equality in […]

Reminder To ALL New York Employers – Training To Prevent Sexual Harassment Is Mandatory – Now!

The EEOC just sued a Chili’s restaurant in Colorado alleging that “the restaurant’s managing partner and assistant manager subjected female servers and hostesses to sexual harassment, including pervasive sexual comments and innuendo.”

Moreover, it is alleged that “the restaurant failed to take preventative or corrective action when employees complained about the harassment and that some […]

“Foreign and Chinese Beauties and Hunks” – OK For Job Ads?

Maybe in China. Or even in the US.

Both countries prohibit job discrimination based on gender and age, but not, as we shall see, based on looks or beauty per se. So, is a job ad for software engineers which boasts of employing “foreign and Chinese beauties and hunks” discriminatory?

Or an ad which states that applicants […]