A New Jersey construction company filed a lawsuit on April 30 challenging state laws that require contractors to hire workers based on race and sex, as well as to associate with unions in order to work on public projects. Earle Asphalt Company claims these laws violate the First and Fourteenth Amendments by imposing hiring quotas across 18 trades and mandating project labor agreements negotiated with unions.
The issue is significant because it addresses constitutional questions about equal treatment under the law and freedom of association for businesses working on public contracts. The outcome could affect how contractors across New Jersey compete for government projects.
“New Jersey is forcing contractors to sort workers by race and sex — a practice the Constitution has never tolerated and one that has no place in public contracting,” said Erin Wilcox, a senior attorney with Pacific Legal Foundation. “The Constitution guarantees equal treatment under the law and the right to speak and associate freely. No contractor should have to surrender either to compete for public work.”
Lucas Vebber, deputy counsel at Wisconsin Institute for Law & Liberty, said, “New Jersey is telling Earle Asphalt, a family company that’s been in business for over 60 years, how to do what they do best – build. Forcing a family business to hire union and then use racial quotas isn’t just unconstitutional; it’s an example of government intervention contributing to rising costs. We hope our lawsuit marks a new milestone in the fight for true merit and equality under the law.”
Earle Asphalt was founded by Walter Earle in 1968. The company has grown from a small paving operation into a major civil construction firm employing more than 650 people. It operates as an open shop employer—a distinction noted as attracting employees—and reports an average tenure of 18 years among its senior staff.
The lawsuit specifically challenges regulations requiring contractors on public projects to follow race- and sex-based employment quotas or risk fines or reduced ratings from the state. It also contests statutes promoting project labor agreements that can prevent non-union firms from bidding on certain jobs. According to Pacific Legal Foundation, if successful, this legal action would restore equal competition rights for all New Jersey contractors regardless of union status or workforce demographics.
Pacific Legal Foundation represents Earle Asphalt free of charge alongside Wisconsin Institute for Law & Liberty in this case: Earle Asphalt Co. v. New Jersey Turnpike Authority et al.