Richard B. Cohen

Contact:

E: richard.cohen@fisherbroyles.com

D: (212) 247-6122

M: (917) 576-7919

Twitter: @richard09535496

New York Office

Blog: Employment Discrimination Blog

vCard

Richard B. Cohen

Practice Areas:

  • Litigation – Appellate
  • Litigation – Civil Pretrial and Trial Services
  • Litigation & Risk Management
  • Employment
  • Sexual Harassment Training

Bar Admissions:

  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2d Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Southern and Eastern Districts of New York
  • United States Court of International Trade

Education:

  • New York Law School; J.D., Cum Laude
  • Law Review Associate Editor
  • Harpur College of the State University of New York at Binghamton

Large Law Firm Experience:

  • Fox Rothschild LLP
  • Spengler Carlson

Mr. Cohen has litigated and arbitrated complex corporate, commercial, insurance, and employment disputes for more than 40 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.

Mr. Cohen has tried dozens of cases in both federal and state court, argued numerous appeals, and has conducted arbitrations and mediations before the American Arbitration Association, FINRA and other dispute resolution forums that have involved:

  • Complex corporate and business disputes;
  • Corporate shareholder and partnership disputes, and corporate derivative suits;
  • Employment related matters, including discrimination, harassment, restrictive covenants and business non-competes, and trade secret and confidential business information protection;
  • Insurance disputes;
  • Broker-dealer and public investor stock exchange arbitrations; and
  • Intellectual property.

Mr. Cohen created and edited his former firm’s blog, “Employment Discrimination Report,” and posted over a thousand articles. The blog received the distinguished American Bar Association “Top 100 Law Blog Award for 2014.” Mr. Cohen was also a member of the 2010 Editorial Advisory Board of Employment Law360, and had one of his blog posts published as a chapter in the university text “Employers and the Law: 2013-14 Anthology of Best Articles” – a collection of articles penned by seasoned labor and employment law attorneys.

Since 2016, Mr. Cohen has written a highly acclaimed weekly column for Above The Law.

As can be seen below, Mr. Cohen is the go-to attorney for newspaper and online reporters around the globe, as well as symposium organizers, seeking interviews, comments and speaking engagements related to litigation and employment law.

A complete interview, presentation and publication list is available upon request.

Above The Law”: Weekly Labor and Employment Law Columnist  (2016-2018)
[ View all “Above The Law” articles ]

Presentations & Teaching Experience

  • Presenter, “Employment Topics Every Restaurant Company Should Consider Before 2020″, Industry Day for Fall 2019 Hudson Valley Restaurant Week, (October. 28, 2019)
  • Panelist, “The Future of HR is Today!”, EEOC Training Institute, Philadelphia, PA (August 20, 2019)
  • Panelist, “Significant Developments in the Workers Rights Landscape,” 29th Annual General Counsel Conference, New York, NY (September 27, 2017)
  • Panelist, “Creating S.M.A.R.T. Litigation Strategies,” Global Litigation Conference and Exhibition, New York, NY (October 1-2, 2014)
  • Speaker, “Race, Gender, Disabilities: What You Need To Know To Avoid Being Sued in the Workplace,” Webinar (May 15, 2014)
  • Speaker, “Employment Discrimination Webinar,” The Society for Diversity (September 18, 2013)
  • Moderator, “Hot Topics in Labor and Employment and Immigration,” New York, NY (March 14, 2012)
  • Speaker, “Negotiating Your First Contract,” Columbia University Medical Center , New York, NY (October 15, 2011)
  • Speaker, “Confused About the New Health Care Reform Law? Find Out What Employers Need to Know!,” Fox Rothschild and The Haberman Group, Westbury, NY (June 23, 2010)
  • Moderator, “Hiring Issues with Risk Management,” New York Staffing Association, New York, NY (April 27, 2010)
  • Speaker, “Introduction to Labor, Employment and Employee Benefits Laws,” Hauppauge Industrial Association (September 2, 2009)
  • Moderator, “Advanced Business Metrics: How To Stay Ahead of the Economy,” New York Staffing Association (July 29, 2009)
  • Speaker, “Employment Law Concerns in a Turbulent Economy,” Yale Club in New York City (April 29, 2009)
  • Moderator, “Employment Issues and Immigration,” New York Staffing Association (March 11, 2009)
  • Speaker, “Introduction to Labor, Employment and Employee Benefits Laws,” Sterling National Bank Lecture Series (October 15, 2008)
  • Moderator, “Disaster Planning and Recovery,” New York Staffing Association (March 18, 2008)
  • Speaker, “Avoiding Sexual Discrimination Claims in the Workplace,” Hudson Valley Bank Seminar Series (May 9, 2007)

In The News

Publications

  • You Have Too Many Children. If You Get Pregnant You’re Fired, The eDigest: A Publication of the Arizona Paralegal Association (November 2016)
  • “Transgender Employment Rights: Front and Center for EEOC,” Human Resources Newsletter, page 5  (November/December Issue 2016)
  • “Another GINA Class Action Settled by EEOC,” Employee Benefit News (November 13, 2014)
  • “New ‘Bullying’ Decision: No Protected Class, No Case,” Employee Benefit News (September 18, 2014)
  • “Golly Gee Kids, Let’s Stop Workplace Bullying and Just Treat Each Other with Respect,” Workplace Bullying Institute (August 6, 2014)
  • “Same Sex Sexual Harassment Prohibited by Title VII, Even Though Sexual Orientation is Not a Protected Class,” Advisen (June 19, 2014)
  • “Employers and the Law,” Van Rye Publishing, LLC (May 15, 2014)
  • “Employer Accused of Yelling Expletives at Employees Settles,” Wills, Trusts & Estates Prof Blog (May 9, 2014)
  • “Workplace Bully Debate — Legislation or Proactive Company Policies?” Workplace Violence News (April 28, 2014)
  • “Court Upholds Claim that Obesity May Be a Disability Under the ADA,” Staffing Today (April 28, 2014)
  • “Dreadlocks: Alabama Court Rules It is a ‘Mutable Characteristic’ and Not a Racial One,” Staffing Today (April 3, 2014)
  • “NYC Votes To Outlaw Discrimination Against Unpaid Interns,” Business & Human Rights Resource Centre (March 27, 2014)
  • “Obesity: Merely ‘Undesirable’ and ‘Unprofessional,’ Like a Neon Green Mohawk, or a Disability?” Business & Human Rights Resource Centre (March 26, 2014)
  • “Should Stuttering be Classified as a Disability?” Corporate Counsel (March 25, 2014)
  • “Workplace Bullying Debate – Legislation or Proactive Company Policies,” Workplace Violence News (March 3, 2014)
  • “EEOC Settles First Systemic GINA Class Action,” Staffing Today (January 27, 2014)
  • Cited, “Delimiting Title VII: Reverse Religious Discrimination and Proxy Claims in Employment Discrimination Litigation,” Vanderbilt Law Review (January 10, 2014)
  • “Beard Worth $50,000 to the EEOC,” Staffing Today (January 2, 2014)
  • “EEOC Meeting on National Origin Discrimination: Further Suits on the Way?” American Conference Institute (ACI) (November 19, 2013)
  • “EEOC Re-Commits To Protect ‘Most Vulnerable’ Workers And Settles Utah Case For Record $450,000,” Staffing Today (October 14, 2013)
  • “Perspectives: Employers Need to Keep Up with Changes in Criminal Background Check Rules,” Business Insurance (October 9, 2013)
  • “Pray That You Don’t Get Sued: Religious Discrimination Cases Abound,” Advisen (October 4, 2013)
  • “Employee Rejects an Offered Accommodation,” EEO Connection (October 2013)
  • “New EEOC Pregnancy Discrimination Case Gives Life to Its General Counsel’s Warning to Employers,” Staffing Today (September 9, 2013)
  • “Fighting Disability Discrimination is a Priority for the EEOC,” Staffing Today (September 4, 2013)
  • “’Locker Room Talk Won’t Wash’ When It Comes to Offensive Racial Slurs,” Staffing Today (August 30, 2013)
  • “What Happens When An Employee Rejects An Offered Accommodation Because She Prefers A Different One?” Staffing Today (August 27, 2013)
  • “Should Gingerism Be Recognized As A Form of Racism?” Michael Rubenstein Publishing (August 15, 2013)
  • “New EEOC Suit Reminds Employers Not To Make Pregnancy-Related Inquiries,” American Staffing Association Journal (August 1, 2013)
  • “Australia Pregnancy Discrimination Laws To Be Broadened To Require Transfer to ‘Safe Jobs,” Business & Human Rights Resource Centre (July 14, 2013)
  • “Two Supreme Court Discrimination Decision Favor Employers,” Employee Benefit News (June 28, 2013)
  • “First GINA Suit by EEOC Quickly Settled for $50,000,” American Staffing Association Journal (May 10, 2013)
  • “Workplace Bullying Can Result in Lower Productivity,” American Staffing Association Journal (February 10, 2013)
  • “Company Fires ‘An Old Penny That Keeps Coming Back’,” American Staffing Association Journal (January 11, 2013)
  • Fire Qualified Employee Based on Fears, Myths, or Stereotypes,” American Staffing Association Journal (January 10, 2013)
  • “Weighing the Balance,” Los Angeles Lawyer (October 2012)
  • “What Constitutes Racial Harassment?” Employee Benefits News (July 13, 2012)
  • “Oregon To Pass Law Banning Discrimination Against the Unemployed; California Next?” AAAED Blog Spot (March 21, 2012)
  • “Code Words and Dog Whistles,” AAAED Blog Spot (March 21, 2012)
  • ‘Sexual Harassment’ or Just Simply Being ‘Socially Tone Deaf,” AAAED Blog Spot (February 27, 2012)
  • “No Urine, No Job,” international Paruresis Association (February 27, 2012)
  • Co-author, “DOJ Issues Final Regulations on ADA Accessible Design Requirements,” Labor & Employment Department Alert (October 2010)
  • Co-author, “U.S. Supreme Court Rules Unanimously That ‘Disparate Impact’ Claims of Employment Discrimination Are Revived Whenever an Employer Applies the Offending Policy,” Labor & Employment Department Alert (June 2010)
  • Co-author, “ADEA and Gross: Employers, Don’t Relax Yet,” (March 30, 2010) Author, “The Scope of ‘Adverse Employment Action’,” Law360 (December 15, 2009)
  • “Employment Discrimination and Its Evolving Impact on an Employer’s Relationship with Independent Contractors,” Bloomberg Law Reports (December 2009)
  • Author, “’Employment’ Discrimination Claims by Independent Contractors? Better Consider §1981,” www.hrspotlight corn (September 30, 2009)
  • Author, “To Be Retaliation, a “Materially Adverse Action” Must Be Injurious or Harmful, Not Merely Trivial,” www.hrspotlight.com (August 19, 2009)
  • Co-author, “Has ‘Burlington’ Really Changed Retaliation Law?,” Law360 (November 2008)
  • Co-author, “The New ‘Associational Discrimination’,” Employment Law360 (May 23, 2008)
  • Author, “’Reasonable Belief And Retaliation Under Title VII,” Employment Law360 (February 2008)
  • Author, “Ending Internal Discrimination Probe May Be Retaliation,” Employment Law360 (February 2008)