Mr. Cunningham's is a civil rights discrimination litigator. His practice focuses exclusively on representing victims of digital discrimination under the Americans with Disabilities Act (ADA)and the Rehabilitation Act of 1973. He has successfully settled digital discrimination cases for his clients without having to resort to litigation. He has also represented clients in the U.S. District Court for the Southern District of Florida where he has litigated cases to force defendants to end discriminatory practices. Mr. Cunningham graduated from the University of Florida College of Law in 1986. He has been a member of the Florida Bar for 30 years.
He served in the administration of President George H. W. Bush in the United States Department of Labor. Mr. Cunningham handled day-to-day legislative and regulatory affairs for three agencies within the Department including the Wage and Hour Administration and the Office of Federal Contractor Compliance Programs (OFCCP). The OFCCP ensures that companies doing business with the federal government comply with federal anti-discrimination laws such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. The Wage and Hour Administration enforces federal minimum wage and overtime regulations. Mr. Cunningham was a member of the team at the Department of Labor that worked with the Congress in drafting the ADA.
Title II of the ADA applies to state and local governments. It prohibits discrimination against persons with disabilities by public entities in their programs, services or activities. It requires modification of policies, processes and procedures unless it would create an undue burden or fundamentally alter the program, service or activity. Title III of the ADA applies to public accommodations. Public accommodations include movie theaters, hotels, grocery stores, dry cleaners, lawyers, accountants, gyms and many other types of businesses. It guarantees disabled people full and equal enjoyment of public accommodations.
Section 504 of the Rehabilitation Act applies to recipients of federal funding and federal government contractors. It prohibits discrimination against people with disabilities in any program or activity receiving federal funds. Section 504 applies to state and local government, school districts, and colleges.