New Jersey construction company sues state over unconstitutional hiring mandates

Trenton, New Jersey; April 30, 2026: A New Jersey construction company filed a lawsuit today challenging state laws that force contractors to hire workers by race and sex and compel them to associate with unions as a condition of working on public projects. Earle Asphalt Company alleges that these laws — which impose race- and sex-based hiring quotas across 18 trades and require contractors to operate under project labor agreements negotiated with unions — violate the First and Fourteenth Amendments.

“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.”

WILL Deputy Counsel, Lucas Vebber, stated, “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.”

Walter Earle founded Earle Asphalt in 1968. In the decades since, it has grown from a small paving company to a major civil construction firm with over 650 employees. Earle Asphalt has been proudly open shop since its founding, a distinction that attracts employees and has set Earle apart from its competitors. In an industry with high turnover, the average tenure for Earle’s senior employees is 18 years.

The lawsuit challenges a New Jersey regulation requiring contractors on public projects to adhere to race- and sex-based employment quotas or face fines and reduced state ratings. Earle Asphalt is also challenging a state statute encouraging project labor agreements that effectively bar non-union contractors from bidding on covered projects. A victory would restore the right of New Jersey contractors to compete for public work on equal terms and ensure that employees who have chosen open-shop work can continue to do so — free from race- and sex-based mandates and forced union association.

Pacific Legal Foundation represents Earle Asphalt free of charge alongside the Wisconsin Institute for Law & Liberty. The case is Earle Asphalt Co. v. New Jersey Turnpike Authority, et al.