Retaliation: What Is Temporal Proximity?
By Richard Cohen | | Uncategorized
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…
Read More US Department of Justice: Title VII does not protect transgender employees
By Richard Cohen | | Uncategorized
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…
Read More “Scantily clad bodies can provoke sexual harassment”
By Richard Cohen | | Uncategorized
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…
Read More "Bro Hugs At Work: Sexual Discrimination?"
By Richard Cohen | | Uncategorized
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…
Read More Here’s What You Need To Know To “Accommodate” An Employee With A Disability
By Richard Cohen | | Uncategorized
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…
Read More No, No Manolo! Stick To Shoes!
By Richard Cohen | | Uncategorized
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…
Read More Texas Federal Court Holds Transgender Woman Covered by Title VII
By Richard Cohen | | Uncategorized
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…
Read More Amy Epstein Gluck (the Notorious AEG!!) Interviewed by the New York Times' Workologist Tomorrow!
By Richard Cohen | | Uncategorized
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…
Read More Can Men And Women Be Friends At Work?
By Richard Cohen | | Uncategorized
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…
Read More “He Looked At Me Funny!” The Reality Of Retaliation
By Richard Cohen | | Uncategorized
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…
Read More 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.
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.
