The Trump administration has removed explicit prohibitions against segregated facilities in federal contracts, a change that took effect immediately in March across all civil federal agencies.
The shift eliminated a clause that had barred federal contractors from maintaining segregated workplaces, dining areas, and other facilities, a restriction that had been in place for the decades since Jim Crow.
The change, outlined in a General Services Administration memo, follows Donald Trump’s executive order on diversity, equity, and inclusion, which repealed a 1965 directive signed by President Lyndon B. Johnson.
That executive order had required federal contractors to comply with federal nondiscrimination policies, including maintaining integrated work environments. The memo also references a separate Trump executive order regarding gender identity but does not specify its impact beyond contract language modifications.
FEDERAL CONTRACTING RULES REVISED
The now-removed language was part of Clause 52.222-21 in the Federal Acquisition Regulation (FAR), a comprehensive document governing federal contracting. The provision had stated that contractors could not “maintain or provide for its employees any segregated facilities at any of its establishments” and could not permit employees to work at sites where segregation existed.
The clause defined segregated facilities as separate work areas, restaurants, drinking fountains, transportation, and housing based on “race, color, religion, sex, sexual orientation, gender identity, or national origin.” With its removal, federal contractors are no longer bound by these specific provisions.
Several federal agencies, including the Departments of Defense, Commerce, and Homeland Security, have begun implementing the changes. Internal notices from contracting offices indicate that the prohibition on segregated facilities is no longer considered a mandatory requirement in contract decisions.
A notice from the National Institutes of Health confirmed the change, stating that provisions barring segregated facilities “will not be considered when making award decisions or enforce requirements.”
LEGAL IMPACT AND ONGOING CIVIL RIGHTS PROTECTIONS
Despite the contract language revision, federal and state laws, including the Civil Rights Act of 1964, continue to prohibit racial and other forms of segregation in public accommodations and employment. Companies doing business with the federal government remain subject to these laws, though enforcement mechanisms within the contracting process may now be weakened.
Legal experts have warned that the removal is a significant symbolic and procedural shift, particularly in the broader context of civil rights protections in federal governance.
IMMEDIATE IMPLEMENTATION RAISES CONCERNS
The Trump administration implemented the change without the standard public notice and comment period, a process typically required for major regulatory adjustments. The General Services Administration did not provide an explanation for the expedited process.
A GSA spokesperson issued a brief statement, saying, “GSA has taken immediate action to fully implement all current executive orders and is committed to taking action to implement any new executive orders.”
Federal employees involved in contract oversight have expressed concerns about the sudden change. Internal notices indicate that agencies were directed to update their contract language without prior consultation, a deviation from standard procedures.
BROADER ROLLBACK OF PRIOR POLICIES
The elimination of the clause is part of a larger effort to reverse policies established during previous administrations. Legal analysts suggest the provision may have been targeted due to its expansion under the Obama administration, which had revised it to explicitly include protections for gender identity.
The 2014 revision aligned with an executive order issued by President Barack Obama, which added sexual orientation and gender identity to federal contractor nondiscrimination requirements. Trump’s executive order also rescinded that policy, effectively rolling back protections that had been in place for more than a decade.
While the administration’s memo does not specify why the entire prohibition on segregated facilities was removed rather than just the gender identity provision, contracting officials have been instructed to eliminate the clause entirely from future agreements.
HISTORICAL ECHOES OF PAST SEGREGATION POLICIES
The policy change has drawn scrutiny from civil rights scholars, who noted that workplace and public accommodations remained segregated well into the late 20th century despite formal legal prohibitions.
The Johnson-era executive order that first mandated integrated workplaces was part of a broader federal effort to dismantle segregationist practices in government-affiliated industries. With its repeal, the Trump administration has severed a key contractual mechanism historically used to enforce nondiscrimination policies.
While segregated facilities remain illegal under civil rights law, experts say removing contractual obligations could hinder enforcement by shifting oversight away from federal procurement officials. Without contractual language explicitly banning the practice, companies that do business with the federal government may no longer face contractual penalties for maintaining separate facilities.
It remains unclear whether additional changes to federal contractor regulations are forthcoming or if further executive action will expand the rollback of civil rights-era mandates.
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Russell Lee (via The Library of Congress) and Okyela Gray (via Shutterstock)
