Back To White’s Only? Federal Contracts No Longer Explicitly Ban “Segregated Facilities”

The Trump administration has removed a clause in federal contracts that explicitly banned segregated facilities, including restaurants, waiting rooms, and drinking fountains. This change comes as part of an executive order on diversity, equity, and inclusion, replacing a 1965 order from President Lyndon B. Johnson. While segregation remains illegal under state and federal laws, legal experts argue that eliminating this clause has significant implications.

"It's symbolic, but it's incredibly meaningful in its symbolism," says Melissa Murray, a constitutional law professor at NYU. She explains that these provisions were key to enforcing integration efforts in the 1950s and 1960s. The removal of such provisions from federal contracts, she says, "speaks volumes."

The clause in question, found in the Federal Acquisition Regulation (FAR), is titled "Prohibition of Segregated Facilities." It previously required federal contractors to ensure their workplaces were free of segregation based on race, religion, gender, and other protected categories. The clause explicitly referenced work areas, transportation, housing, and drinking fountains. Now, federal agencies—including the departments of Defense, Commerce, and Homeland Security—are directing contracting officers to eliminate these requirements.

A recent notice from the National Institutes of Health confirms the change is already in effect. The notice states that FAR clauses prohibiting segregated facilities and ensuring equal opportunity "will not be considered when making award decisions or enforce requirements."

A federal worker involved in contracts was "shocked" upon receiving the directive. "The way that they're implementing this in the contracting field is essentially subverting democracy," they said, noting the absence of the usual public comment period. They claim the administration is "ramming things through hoping no one's going to notice."

The General Services Administration (GSA) declined to clarify why the standard public notice procedure was bypassed or why the entire clause was removed. A GSA spokesperson stated, "GSA has taken immediate action to fully implement all current executive orders."

Attorney Kara Sacilotto suggests the provision was targeted due to its revision under the Obama administration to include "gender identity." However, rather than removing only that portion, the entire clause was eliminated.

Murray emphasizes that segregation isn’t a distant issue. Recalling a childhood visit to Washington, D.C., she recounts her father, a Jamaican immigrant, revealing he worked only in the back of a department store because Black employees weren’t allowed on the sales floor. "It's not far removed at all," she says.

Link: NPR