Trump Administration Removes Federal Ban on Segregated Facilities in Government Contracts
Change to Federal Acquisition Regulation Sparks Concerns Over Civil Rights Protections
A recent policy change by the Trump administration has removed a federal prohibition on segregated facilities—including restaurants, waiting rooms, and drinking fountains—for government contractors. This change, part of a broader rollback of diversity, equity, and inclusion (DEI) initiatives, was outlined in a memo issued by the General Services Administration (GSA) last month and affects all civil federal agencies.
The policy shift stems from President Trump’s executive order on DEI, which revokes a 1965 executive order signed by President Lyndon B. Johnson that required federal contractors to maintain integrated workplaces and comply with civil rights laws.
Key Changes to Federal Contracts
The affected clause—FAR 52.222-21, “Prohibition of Segregated Facilities”—was part of the Federal Acquisition Regulation (FAR), the government’s rulebook for federal contracts. Previously, this clause explicitly banned contractors from maintaining or providing segregated workspaces, dining areas, transportation, housing, and other facilities based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
Now, agencies including the Departments of Defense, Commerce, and Homeland Security have begun enforcing the updated regulation, removing the anti-segregation clause from federal contract requirements.
A notice from the National Institutes of Health (NIH) confirmed that these changes are already being implemented, stating that FAR 52.222-21 and FAR 52.222-26 (Equal Opportunity) will no longer be considered in awarding contracts or enforcing requirements.
Legal Experts: The Change is Symbolic but Alarming
While state and federal civil rights laws still prohibit racial segregation, legal experts warn that removing the clause from government contracts sends a dangerous message.
“It’s symbolic, but it’s incredibly meaningful in its symbolism,” said Melissa Murray, a constitutional law professor at New York University.
“These provisions were part of the federal government’s broader efforts to integrate workplaces in the 1950s and 1960s. Excluding them from federal contracts today speaks volumes.”
Murray noted that racial segregation is not a distant chapter in American history, recalling how in 1985, her father, a Jamaican immigrant, told her he was only allowed to work in the back of a Washington, D.C., department store because Black employees were not permitted on the sales floor.
Lack of Public Input Raises Transparency Concerns
The process by which the administration enacted the changes has also raised transparency concerns. Normally, modifications to federal contract rules involve a public notice and comment period of 45 to 90 days. However, federal contract workers say they were blindsided.
One anonymous federal employee who works on contracts told NPR:
“The way they’re implementing this is essentially subverting democracy. Agencies, contracting officers, and the public were not given the opportunity to weigh in. They’re ramming things through, hoping no one will notice.”
The General Services Administration (GSA) did not clarify why it bypassed the public comment process or why the entire anti-segregation clause was eliminated rather than just the gender identity provision, which was added under the Obama administration.
What’s Next?
Despite this federal change, segregation remains illegal under the Civil Rights Act of 1964, and companies with government contracts must still comply with existing civil rights laws. However, the removal of explicit contract language banning segregation raises concerns about accountability and enforcement.
The Biden administration or future administrations could reinstate these protections, but for now, civil rights advocates worry this rollback signals a shift in federal priorities regarding workplace equality.
