FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Retaliation: What Is Temporal Proximity?

By Richard Cohen | Dec 17, 2018

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

By Richard Cohen | Oct 25, 2018

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…
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“Scantily clad bodies can provoke sexual harassment”

By Richard Cohen | Oct 17, 2018

Amy and I have written quite a lot about sexual harassment. Quite a lot. About the root causes and manifestations of sexual harassment, and the prevention and remediation of sexual harassment. But here’s a solution to the problem from a concerned citizen that, frankly, never crossed our minds:  Force women to adhere to a dress…
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"Bro Hugs At Work: Sexual Discrimination?"

By Richard Cohen | Aug 3, 2018

Hmm. What is this about? A bro hug … sexist?  How?  Why? Huh? In my new Above The Law post, I examine a question posed by a female reader of The New York Times “workologist” who wrote this past week that at her blue-collar job “[n]o one ever touches me, and it’s not that I want anyone…
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Here’s What You Need To Know To “Accommodate” An Employee With A Disability

By Richard Cohen | May 7, 2018

Let’s set the stage for this “how to” post with a newly-filed lawsuit. A Georgia for-profit thrift store was just sued by the EEOC, which alleged that an employee with COPD and emphysema asked to be allowed to wear an oxygen backpack to treat her symptoms.  Fairly simple request.  However, the company’s management denied her repeated…
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No, No Manolo! Stick To Shoes!

By Richard Cohen | Apr 20, 2018

In my new Above The Law post I noted that Manolo Blahnik, the shoe king, was concerned about giving compliments at work — he told an interviewer “about how he struggles with knowing ‘what he can say …  I cannot say, ‘How wonderful you look.’  I cannot pay compliments… because maybe it can be called sexual harassment.’” I said…
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Texas Federal Court Holds Transgender Woman Covered by Title VII

By Richard Cohen | Apr 9, 2018

A breaking new decision out of a federal court in Texas perhaps points the way to the future in civil rights employment litigation. It involves a transgender woman who was denied hiring and sued under Title VII claiming gender discrimination. The result was not in favor of plaintiff, but the Court’s reasoning and acceptance of…
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Amy Epstein Gluck (the Notorious AEG!!) Interviewed by the New York Times' Workologist Tomorrow!

By Richard Cohen | Mar 24, 2018

Hey – check out Amy Epstein Gluck (the Notorious AEG!!) interviewed tomorrow by the New York Times‘ Workologist! The column is entitled “How to Respond When a Colleague Is Harassing Women.”  Among other things that Amy says, which we have preached for years, is ““Make sure you have a clear policy,” and enforce it.  Amen.   Don’t…
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Can Men And Women Be Friends At Work?

By Richard Cohen | Nov 10, 2017

Last week I posted a dialogue in Above The Law in the form of commentary by my partner, Amy Epstein Gluck, on my earlier ATL article which provided 9 tips on how not to be a workplace sexual harasser.  Part II was just published in ATL. “Lest you think she wades into this unqualified, Amy…
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“He Looked At Me Funny!”  The Reality Of Retaliation

By Richard Cohen | Mar 9, 2017

How minimal can an act be and still be deemed an adverse employment action under the anti-retaliation laws?  Can even giving an employee a funny look be considered adverse? You’d be surprised. What Is Retaliation? Title VII contains an anti-retaliation provision, which, as my partner Amy Epstein Gluck wrote last May, makes it “unlawful for an employer to subject an employee…
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RICHARD COHEN
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.

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AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

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