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LABOR & EMPLOYMENT LAW — 08/26/09

Senator Ted Kennedy, the “Liberal Lion,” dies at the age of 77

Massachusetts Senator Ted Kennedy (D) died at the age of 77 on August 25, 2009, at his home on Cape Cod after a year-long struggle with brain cancer.

“An important chapter in our history has come to an end. Our country has lost a great leader, who picked up the torch of his fallen brothers and became the greatest United States Senator of our time,” said President Obama in a written statement while on vacation Martha’s Vineyard.

Serving nearly 47 years in the Senate, Kennedy, who was known as the “Liberal Lion,” authored more than 2,500 bills throughout his career. His focus was on social legislation, championing bills on healthcare, civil rights, immigration and education reform.

Kennedy had not been in Washington DC since April, missing Obama’s signing into law of the Family Smoking Prevention and Tobacco Control Act of 2009 (P.L. No 111-31), which gives the Food and Drug Administration the authority to regulate tobacco products. But, more important to a man who had called healthcare reform “the cause of my life,” he was unable to participate in markup of the Affordable Health Choices Act (see http://help.senate.gov/BAI09A84_xml.pdf), healthcare legislation that came out of the Senate Committee on Health, Education, Labor and Pensions (HELP), which he chaired.

Among the many laws relating to healthcare reform enacted under his leadership and sponsorship were: the Protection and Advocacy for Mentally Ill Individuals Act of 1986; the Nutrition Labeling and Education Act of 1990; the Ryan White Comprehensive AIDS Resources Emergency Act of 1990; the National Institutes of Health; Revitalization Act of 1993; the Freedom of Access to Clinic Entrances Act of 1994; the Health Insurance Portability and Accountability Act of 1996; the Food and Drug Administration Modernization Act of 1997; the creation of the Children’s Health Insurance Program (CHIP) in 1997 (“HIPAA”); the Children's Health Act of 2000; the Project BioShield Act of 2003; the Pandemic and All-Hazards Preparedness Act of 2005; and the FDA Amendments Act of 2007.

Civil rights. Kennedy spent his career standing up for the rights of workers. He was the leading Congressional proponent of a fair minimum wage, which was increased 16 times during his nearly half century of Senate service. While serving as Chairman of the Senate HELP Committee, Kennedy’s most recent efforts culminated in 2007 with the first increase in the federal minimum wage in a decade. Thirteen million American workers, including the parents of more than six million children, benefited from the raise, which increased the minimum wage from $5.15 to $7.25 an hour in three phases, according to a document on his accomplishments (see http://kennedy.senate.gov/imo/media/doc/Kennedy%20Accomplishments.pdf) put out by his Senate office. He was also lead sponsor of the Pension Protection Act of 2006, the largest reform of the nation’s pension system since 1974.

Kennedy was also one of the chief sponsors of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications and governmental activities. He was also the chief Senate sponsor of the Employment Non-Discrimination Act, which would prohibit employers from discriminating against employees and applicants based on their sexual orientation and gender identity.

Kennedy celebrated the signing into law of the Lilly Ledbetter Fair Pay Act, a bill he sponsored last year, which extends the time period in which employees can pursue disparate pay claims under four antidiscrimination laws: Title VII, the Age Discrimination in Employment Act, the ADA and the Rehabilitation Act.

Kennedy was also a dedicated supporter for federal laws preventing genetic discrimination. He led the 13-year fight to pass legislation protecting the privacy of genetic information and banning discrimination in health insurance and employment based on genetic information. Last year, those efforts resulted in passage of the Genetic Information Nondiscrimination Act. “This legislation will open to door to modern medical progress for millions and millions of Americans, ensuring that people can take advantage of genetic tests and seek treatment without fear of losing their health insurance, their jobs or their privacy,” according to the document on his accomplishments.

In addition to his legislative accomplishments, Kennedy was also known for his ability to work across party lines and act as a dealmaker on tough issues. “For five decades, virtually every major piece of legislation to advance the civil rights, health and economic well being of the American people bore his name and resulted from his efforts,” said Obama.

Succession issues. On July 2, Kennedy sent a letter to Massachusetts lawmakers asking the body to amend the law to allow Governor Deval Patrick (D) to name a temporary successor upon his death until a special election occurs. The letter itself did not specifically mention the uncertainty over the votes on health care reform as the impetus for a quick succession, according to media reports. According to the letter, Massachusetts law requires a special election for the open seat no sooner than 145 days after its vacancy and no later than 160 days. The law also bans an interim appointee. To ensure a “fair election process,” Kennedy requested that the governor’s appointee offer an “explicit, personal commitment not to become a candidate in the special election.” Reaction to his request has not proved favorable, according to media reports, as the legislature would have to reverse its own requirements, which took effect in 2004, calling for a special election in such instances. The Massachusetts legislature is not set to return until after Labor Day.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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