Mark A. de Bernardo is the founder and Executive Director of the Institute for a Drug-Free Workplace, a national coalition dedicated to promoting and preserving the rights of employers
and employees in effective substance-abuse-prevention program.
Mr. de Bernardo is also a Partner in the
Washington, DC Region Office of Jackson
Lewis, a preeminent labor and employment
law firm with more than 590 employment
lawyers in 42 offices. He is a nationally
recognized expert on workplace drug testing
issues, and concentrates his practice in
these areas. He also represents employers
on employment litigation and counseling,
senior executive personnel actions, labor management
relations, legislative and regulatory
issues, alternative dispute resolution, and management of
employment-related class actions.
Mr. de Bernardo has testified more than 40 times before Congress and various federal and state regulatory agencies and legislative committees on employment and labor law issues. He has submitted 11 amici curiae briefs to the United States Supreme Court, and nearly 30 amici briefs overall to various courts on behalf of trade association, business coalition, and corporate clients. He has represented five federal executive branch agencies; the states of Kansas, Louisiana, and California; the governments of Japan, Spain, and the Bahamas; and nearly 20 national trade associations.
Mr. de Bernardo is the author of four state drug-testing
laws, and the only workplace drug-testing law endorsed by the
President’s Commission on Model State Drug Laws. Among
the many clients he has represented on drug-testing issues are
the National Basketball Association, the U.S. House of Representatives,
and more than 20 Fortune 200 corporations.
On the substance-abuse-prevention issue, Jackson Lewis
drafts, reviews, and revises policies and attendant employer
documents (including DOT-compliant policies); provides manager
and supervisor training; designs and conducts employee
education and awareness programs; represents employers in
arbitration; litigates in defense of challenges to corporate policies
and actions; negotiates collective bargaining agreement
provisions; performs compliance audits; and advises employers
on state and federal statutory and regulatory requirements.
Mr. de Bernardo is the author or co-author of 18 books on employment
and labor law topics, primarily on drug-testing and substance-abuse
prevention in the workplace.
He is a frequent speaker at conferences, and has appeared
on the Today Show, Good Morning America, Crossfire, Larry
King Live, and the ABC, CBS, and NBC evening news. Mr.
de Bernardo has been quoted in such publications as Time, Newsweek, U.S. News & World Report, The Wall Street
Journal, The New York Times, and The Washington Post.
Mr. de Bernardo was Special Counsel for Domestic Policy
and Director of Labor Law for the U.S. Chamber of Commerce.
He was appointed, and twice reappointed, by the
Japanese government as the American management representative
to The Japan Institute of Labour. He founded in 1998, and
serves as Executive Director and President of the Council for
Employment Law Equity (CELE). He also has contributed a chapter to
several ABA publications, and has been a guest lecturer at the
U.S. Army War College, NYU, Georgetown, Johns Hopkins,
George Washington, American, and the University of Kansas.
His community activities have included serving on the
Board of Directors of the Oblates of Saint Francis de Sales. He
has been a member of the Gonzaga College High School
Fathers’ Club, and has served on The Hunger Project’s Global
Investment Committee, and on the Executive Committee of the
Lido Civic and Community Club.
Mr. de Bernardo is a member of the District of Columbia
Bar and the U.S. Supreme Court Bar, and has been active in
the American Bar Association and several of its committees.
Mr. de Bernardo was awarded a B.A. cum laude from
Marquette University in 1976, and a J.D. from the Georgetown
University Law Center in 1979.
He, his wife Jennifer, and their sons Joseph, Matthew, and
Jonathan reside in Vienna, Virginia.