Earle Asphalt Company, Inc. v. New Jersey Turnpike Authority

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.