The News: The Wisconsin Institute for Law & Liberty (WILL), alongside the Pacific Legal Foundation (PLF) filed a federal lawsuit against the New Jersey Turnpike Authority (NJTA), Ocean County and Evesham Township on behalf of Earle Asphalt Company, a transportation contractor. The lawsuit challenges unconstitutional mandates that force contractors to meet rigid race and sex-based hiring quotas as well as force them to unionize their workforce.
The Quote: 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.”
“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.”
Our Client: Earle Asphalt Company, Inc. is a heavy civil construction firm founded in 1968 in Wall, New Jersey. From humble beginnings as a small paving company, Earle has grown into New Jersey’s leading heavy highway firm, employing over 650 people and deriving approximately 80% of its revenue from government contracts — all of which are now threatened by the State’s unconstitutional mandates.
WILL’s Legal Argument: For nearly six decades, Earle has built New Jersey’s statewide infrastructure on merit and free choice. That model is now under attack. New Jersey law requires contractors to comply with “targeted goals” across 18 trades, forcing Earle to track and report employees by race and sex — and subjecting the company to fines, penalties, and lower contract ratings for noncompliance.
The NJTA further requires Project Labor Agreements (PLAs) that compel “open shop” firms like Earle to accept exclusive union representation, stripping workers of the right to choose their own representation and forcing Earle to associate with unions.
WILL and PLF argue that these mandates violate the Constitution on two fronts: racial hiring quotas breach the Fourteenth Amendment’s Equal Protection Clause, while the PLA requirement violates the First Amendment’s protections against compelled speech and association.
Nationwide Litigation Impact: This lawsuit is part of WILL’s Limited Government Project, which advances liberty and economic freedom through nationwide litigation against government overreach. WILL has successfully represented dozens of clients across 26 states in high-impact lawsuits advancing limited government, individual rights, and equality under the law. Its work has earned national media attention, with coverage in The Wall Street Journal, The Washington Post, The New York Times, and Fox News. In this case, WILL is proud to partner with the Pacific Legal Foundation.
Read More:
- Complaint, April 2026
