People: Scott Rabe, Partner

Photo of Scott Rabe, Partner

Scott Rabe

Partner

New York
Direct: (212) 218-5263
Fax: (917) 344-1317
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Mr. Rabe represents and counsels clients in all aspects of labor and employment law. He is an active member of the firm’s Employment Litigation, Wage & Hour, Complex Discrimination, and New Jersey practice groups.  He regularly provides advice to clients regarding their employment policies and practices, with an emphasis on instituting best practices, updating policies to comply with the ever-changing regulatory environment, and preventing litigation.  

Mr. Rabe’s primary focus is defending employers, including a number of Fortune 500 companies, in a wide range of employment discrimination, harassment, and wage and hour matters brought under various federal and state statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, 42. U.S.C. Section 1981, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act, the New York Labor Law, the Minnesota Human Rights Act, the New Jersey Law Against Discrimination, and the Conscientious Employee Protection Act, among others.   He regularly works on both single plaintiff and class and collective action litigation.  Mr. Rabe has successfully litigated cases in federal and state courts and agencies in New York, New Jersey, Pennsylvania, Massachusetts, California, Florida, Minnesota, Alabama, Nevada, and Delaware.

Prior to joining Seyfarth Shaw, Mr. Rabe was an associate at a large New York firm where he worked on a variety of complex commercial litigations and regulatory inquiries involving employment discrimination, defamation, securities, contract, fraudulent conveyance, and tort laws.

Mr. Rabe has been recognized as one of the Top 40 LGBT Lawyers Under 40 by the LGBT Bar Association and as a “Rising Star” by New York Metro Super Lawyers for five years running.  He serves on the Board of Directors for The Drama Club, is an active member of LAMBDA Legal’s Young Professionals Council, the Firm’s Diversity and Inclusion Action Team, and the LGBT Bar Association.  He regularly represents indigenous clients and non-profit organizations in a variety of pro bono matters.

Mr. Rabe represents and counsels clients in all aspects of labor and employment law. He is an active member of the firm’s Employment Litigation, Wage & Hour, Complex Discrimination, and New Jersey practice groups.  He regularly provides advice to clients regarding their employment policies and practices, with an emphasis on instituting best practices, updating policies to comply with the ever-changing regulatory environment, and preventing litigation.  

Mr. Rabe’s primary focus is defending employers, including a number of Fortune 500 companies, in a wide range of employment discrimination, harassment, and wage and hour matters brought under various federal and state statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, 42. U.S.C. Section 1981, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act, the New York Labor Law, the Minnesota Human Rights Act, the New Jersey Law Against Discrimination, and the Conscientious Employee Protection Act, among others.   He regularly works on both single plaintiff and class and collective action litigation.  Mr. Rabe has successfully litigated cases in federal and state courts and agencies in New York, New Jersey, Pennsylvania, Massachusetts, California, Florida, Minnesota, Alabama, Nevada, and Delaware.

Prior to joining Seyfarth Shaw, Mr. Rabe was an associate at a large New York firm where he worked on a variety of complex commercial litigations and regulatory inquiries involving employment discrimination, defamation, securities, contract, fraudulent conveyance, and tort laws.

Mr. Rabe has been recognized as one of the Top 40 LGBT Lawyers Under 40 by the LGBT Bar Association and as a “Rising Star” by New York Metro Super Lawyers for five years running.  He serves on the Board of Directors for The Drama Club, is an active member of LAMBDA Legal’s Young Professionals Council, the Firm’s Diversity and Inclusion Action Team, and the LGBT Bar Association.  He regularly represents indigenous clients and non-profit organizations in a variety of pro bono matters.

Education

  • J.D., New York University School of Law (2005)
    magna cum laude
    Order of the Coif
    Editor, The New York University Annual Survey of American Law
  • B.A., University of California, Berkeley (2000)

Admissions

  • New York
  • New Jersey

Courts

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York 
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals, Second Circuit

Affiliations

  • The Drama Club, Board of Directors
  • LAMBDA Legal, Young Professionals Counci
  • LGBT Bar Association

Representative Engagements

Complex Litigation Matters

  • Equal Employment Opportunity Commission v. Texas Roadhouse Inc., 1:11-cv-11732 (D. Mass.) (nationwide class action alleging age discrimination)
  • Martin v. ReliaStar Life Insurance Co., No. 09-01568 (D. Minn.) (nationwide class action alleging race discrimination)
  • Flood v. Carlson Restaurants, Inc., No. 14-CV-2740 (S.D.N.Y.) (nationwide FLSA wage and hour collective action and NYLL class action)
  • Amar v. Canon USA, Inc., No. 08-cv-4329 (E.D.N.Y.) (nationwide class action alleging race discrimination; motion to dismiss granted with prejudice as to all claims against parent company)
  • MacPherson v. Firth Rixson Ltd., No. 12-cv-6162 (W.D.N.Y.) (FLSA and NYLL wage and hour class and collective action)
  • Beadle v. Firth Rixson Limited, No 6:2012cv06433 (W.D.N.Y.) (FLSA and NYLL wage and hour class and collective action)
  • Jones v. Nat’l Council of Young Men’s Christian Assoc., No. 09-CV-6437 (N.D. Ill.) (nationwide class action alleging race discrimination in pay)
  • Plumber’s Union Local No. 12 Pension Fund v. Swiss Reinsurance Co., No 08 Civ. 1958 (JGK), 2010 WL 3860397 (S.D.N.Y. Oct. 4, 2010) (nationwide securities class action; motion to dismiss granted with prejudice)

Other Representative Matters

  • Jaafari v. Bank of Tokyo-Mitsubishi UFJ, Ltd., No 11-4205 (2d Cir.) (race, sex, disability discrimination, hostile work environment, and retaliation; motion for summary judgment granted, affirmed by Second Circuit)
  • Voelker v. Deutsche Bank AG, No. 11-06362 (S.D.N.Y.) (sex discrimination, Equal Pay Act, and retaliation)
  • Bird v. HomeGoods Inc., Docket No. HNT-L-111-11 (N.J. App. Div.) (sex discrimination and retaliation; motion for summary judgment granted, affirmed by Appellate Division, cert. denied)
  • Vargas v. CH Hospitality Management, LLC, 14-CV-2439 (E.D.N.Y.) (race discrimination and retaliation)
  • Eilenberg v. Michaels Stores, 1:14-cv-02456 (E.D.N.Y.) (FLSA and NYLL wage and hour claims)
  • D’Iorio v. Winebow Inc., 2:12-cv-01205 (E.D.N.Y.) (ERISA, breach of fiduciary duty)
  • Bull v. Target Corp., 2:14-cv-06838 (D.N.J.) (race discrimination and retaliation)
  • Xu v. Marshalls Distribution Ctr., No. 11-7797 (E.D. Pa.) (race discrimination and retaliation)
  • Martin v. TJX Incentive Sales, Inc., No. 2012-cv-00272 (N.D.N.Y.) (sex discrimination)
  • Torres v. TJX Companies, Inc., No. 3:12-CV-05526 (D.N.J.) (sex discrimination)
  • Johnson v. The Prudential Ins. Co. of Am. (D. Minn.) (disability discrimination and whistleblower claim)
  • Schulman v. Advent Software (Department of Labor whistleblower complaint)
  • Luka v. Bard College (New York State Department of Human Rights sexual orientation discrimination and retaliation complaint)
  • Cucinotta v. Deloitte & Touche LLP(D. Nev.) (defamation matter; motion for summary judgment granted)

Pro Bono Matters

  • Loggins v. Thomas, No. 09-13267 (11th Cir.) (appeal of capital sentence)
  • In the Matter of Abdoulaye Bassande (asylum application granted)
  • In the Matter of Josue (removal proceedings terminated, application for permanent residence)
  • In the Matter of Dana Boast(application for discharge upgrade after repeal of “Don’t Ask, Don’t Tell”)

Presentations

  • “N.C. Will Repeal Law Restricting Transgender Individuals Bathroom Access,” Interview with Society for Human Resource Management (December 20, 2016)
  • “Going Viral: Social Media in the Workplace and What Employers Need to Know,” Seyfarth Shaw’s Breakfast Briefing Series, New York, NY (November 16, 2016 )
  • Today’s Verdict, Television Interview on BronxNet regarding transgender rights in the workplace (July 21, 2015)
  • “Open for Business,” Equality Illinois speaker series, Chicago, Illinois (October 8, 2015)
  • “JC Penney Ruling Urges Swiftness for FLSA ‘Pick-Off’ Bids,” Interview with Law360 (October 23, 2014)
  • “Social Media and Its Impact on the Workplace:  What Every Employer Needs to Consider,” Seyfarth Shaw’s Webinar Series (March 12, 2014)
  • “Social Media and Its Impact on the Workplace:  What Every Employer Needs to Consider,” Seyfarth Shaw’s Breakfast Briefing Series, New York, NY (February 12, 2014)
  • “Best Practices for Planning and Conducting a Successful Internal Investigation,” Seyfarth Shaw’s Breakfast Briefing Series, New York, NY (November 20, 2013)
  • "Supreme Court 2013: An In-Depth Review of the Practical Implications of the Blockbuster Civil Rights Decisions," Presented by the ABA Youth Law Division, Phoenix, Arizona (October 11, 2013)

Publications

Accolades

  • Top 40 LGBT Lawyers Under 40 2017 -- LGBT Bar Association
  • Super Lawyers New York Metro 2013, 2014, 2015, 2016, 2017 – Rising Stars