The Trump administration has removed a clause from federal contracts that banned segregated facilities like water fountains and restrooms, continuing its push to end race-conscious policies in the government.
This change was announced in a memo from the U.S. General Services Administration (GSA) on February 15 and widely reported this week.
“Any open solicitations that contain any of the provisions or clauses listed above should be amended to remove the provisions and clauses,” reads the memo issued by William Clark, director of the Office of Government-Wide Acquisition Policy.
While segregation remains illegal under U.S. law, including the Civil Rights Act of 1964, removing this clause represents a significant shift within the federal government, according to legal experts. Contractors are no longer explicitly prohibited from maintaining segregated facilities—such as waiting rooms, restaurants, or drinking fountains—even though they still have to comply with existing civil rights laws.
This directive follows President Trump’sTrump’s executive order aimed at “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The order targets diversity and inclusion initiatives within the federal government and repeals an executive order signed by President Lyndon B. Johnson in 1965, which enforced nondiscrimination requirements for federal contractors.
The rescinded clause is part of the Federal Acquisition Regulation (FAR)—a comprehensive document used by agencies to write contracts for anyone providing goods or services to the federal government.
Clause 52.222-21 of the FAR, titled “Prohibition of Segregated Facilities,” previously stated: “The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.”
The clause prohibited contractors from maintaining segregated spaces or facilities, including work areas and transportation, based on race, color, religion, sex, sexual orientation, gender identity, or national origin. The GGSA’smemo now directs that this language be removed from new contracts, along with other provisions related to affirmative action, particularly in construction.
“While segregation is still illegal, this change sends a CLEAR message,” said civil rights attorney Ben Crump.
An attorney specializing in federal contracts told NPR, “The ”segregated facilities’ provision was likely flagged because it was revised under the Obama administration in 2015 to include ”gender identity.” The Obama-era amendment was also rescinded, but it appears the Trump administration made no distinction, opting to exclude ”gender identity” along with issues related to race or racial equity.”
In a statement to NPR, GSA spokesperson Will Powell said, “GSA has taken immediate action to fully implement all current executive orders and is committed to taking action to implement any new executive orders.”
