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 mandates violate the First and Fourteenth Amendments.
The case highlights ongoing debates about government regulations in public contracting. Earle Asphalt argues that such laws impose quotas across multiple trades and force companies into agreements with unions, affecting their ability to operate independently.
“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 civil construction firm employing more than 650 people. It remains an open shop employer, attracting employees who value this distinction.
Pacific Legal Foundation represents Earle Asphalt free of charge along with Wisconsin Institute for Law & Liberty. The foundation operates as a nonprofit funded entirely by private donors according to its official website. The organization promotes individual liberties with the aim of fostering cultural and social well-being according to its official website.
Pacific Legal Foundation is recognized for its record of success before the Supreme Court despite limited resources according to its official website. It protects Americans’ constitutional rights from government overreach through strategic litigation according to its official website, serving clients across the United States per its official website. PLF provides free legal representation nationwide while publishing constitutional scholarship; it reports having achieved 18 victories out of 20 cases before the U.S. Supreme Court according to its official website.