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

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, […]

Don’t Cry: You Can’t Peel An Onion But You Won Your Case!

This disability discrimination case arises from Northern Ireland – but the principle is applicable here in the US.

Seems that a woman developed glaucoma and chronic uveitis when a teenager, and at 23 she lost all left eye vison. Significantly, she experienced terrible pain when she peeled fresh onions.

And that’s what the problem was.

She worked since 2012 […]

“We will hang you. We will seriously lynch you” – and other heartwarming workplace stories

In my recent Above The Law post I asked, as the title: “Wanna Know What B * * * * *s, Black Beans and King Kong have in Common?”

I started by saying that if you answered “nothing,” you would be … wrong.

But if you answered that these are slurs used in the American workplace like the oft-used […]

You Cannot Wear A Skirt! Revisiting Workplace Religious Discrimination

The newly-announced settlement of a religious discrimination lawsuit brought by the EEOC gives us the opportunity to revisit workplace religious discrimination – a hot topic these days.

“Georgia Blue,” a Mississippi restaurant, had a dress code requiring servers to wear blue jean pants.  A newly-hired Apostolic Pentecostal employee, whose religious belief requires women to wear only skirts […]

Which companies tolerate GCs who sexually harass?

A headline in the New York Law Journal this week puzzled me.  It read: “Most Companies Don’t Tolerate GCs Who Sexually Harass, Experts Say.”

For sure, employers should not tolerate workplace sexual harassment, from anyone, especially GCs – as I teach in my harassment training sessions, “top down” behavior is reflected in general workplace behavior, and harassment […]


It’s the last acceptable discrimination.

Two years ago I posted that the forever young Dick Van Dyke, who was then 90 (OMG!), talked about age discrimination, what he called “The last acceptable discrimination.”  He noted that he was told by a salesperson at a Tommy Hilfiger store that “I don’t think you’ll find anything you like here,” and by […]

“Men Lie, Women Can’t Negotiate: What Does This Mean?”

A very cryptic title for my Above The Law blog post today,  I know.

Is there some nexus or connection between these two statements?

Yes, it tums out, based upon some very interesting research published in the Harvard Business Review. There is a connection.

The Professor who conducted the study said that she “found that the likelihood of engaging in […]

US Department of Justice: Title VII does not protect transgender employees

A big shout out to our esteemed and erudite partner Eric B. Meyer for his excellent blog post today on the status of Title VII as it pertains to gender identity, sexual orientation, and transgender employees.

He begins by noting that:
“Chris reported yesterday that the U. S. Department of Justice filed this brief with the United States […]