In a controversial policy shift, the Trump administration has quietly removed a long-standing federal contract requirement that explicitly prohibited segregated facilities in workplaces operated by government contractors. The move, outlined in a General Services Administration (GSA) memo last month, aligns with President Donald Trump’s broader executive orders on diversity, equity, and inclusion, undoing provisions that had been in place since the civil rights movement.
The eliminated clause—FAR 52.222-21—had required federal contractors to ensure that their establishments did not maintain segregated facilities such as separate dining areas, waiting rooms, or drinking fountains based on race, gender, or other protected categories. This provision had remained in effect for decades, even through past Republican administrations, ensuring that businesses working with the government upheld non-discriminatory practices.
Legal experts warn that the removal of this clause, while not overriding existing civil rights laws, sends a concerning message about the federal government’s stance on workplace equality.
“It may not change what’s legally required under the Civil Rights Act of 1964, but it is a major symbolic rollback,” said Melissa Murray, a constitutional law professor at New York University. “The inclusion of this clause in federal contracts reinforced the government’s commitment to integration and civil rights. Eliminating it signals a shift away from that legacy.”
Despite this removal, companies with federal contracts are still bound by other federal and state anti-discrimination laws. However, critics argue that lifting this explicit prohibition weakens the enforcement of workplace integration policies, potentially creating loopholes for businesses that might seek to sidestep such regulations.
What has also raised eyebrows is the manner in which the administration implemented this change. Typically, federal rule changes undergo a public comment period of at least 30 to 60 days, allowing for input from affected agencies and the public. However, in this case, the administration bypassed that process, pushing the change through without public notice.
One federal worker, who requested anonymity due to fear of retaliation, described the move as “undemocratic and rushed.”
“Major policy shifts like this are supposed to be carefully reviewed and open to feedback,” the worker said. “Instead, it feels like they’re forcing this through, hoping no one notices.”
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A spokesperson for the General Services Administration defended the decision, stating that the removal of the clause was part of efforts to streamline government contracting regulations. The spokesperson emphasized that contractors are still required to follow civil rights laws, suggesting that the clause was redundant.
Concerns Over the Broader Policy Trend
Some analysts believe this change may be linked to other executive orders issued by President Trump, particularly those reversing Obama-era protections on gender identity. The provision in question had been updated during President Barack Obama’s administration to include protections for gender identity. Trump’s subsequent rollback of Obama-era policies may have put this clause in the administration’s crosshairs.
Kara Sacilotto, a federal contracts attorney, speculated that the removal was likely driven by the administration’s broader policy stance on gender identity protections. “The timing suggests that it wasn’t just about revising outdated language—it was part of a broader rollback of civil rights measures under Trump’s executive orders.”
Historical Context: The Legacy of Workplace Segregation
For many Americans, segregation may seem like a relic of the past, but its effects are not so distant. Murray, the law professor, recalled a personal story that underscores how recent such discrimination was.
“In 1985, my father took me to a department store in Washington, D.C., where he had worked as a student at Howard University,” she shared. “I assumed he had been a salesman, but he corrected me, saying, ‘No, no, no. Black employees weren’t allowed on the sales floor—I worked in the back.’ That was in my lifetime.”
This latest policy shift, critics argue, risks reopening the door to practices that civil rights activists fought hard to dismantle. While laws still prohibit outright segregation, removing the explicit prohibition in federal contracts raises concerns about enforcement and the government’s role in upholding workplace equality.
Looking Ahead
The immediate impact of this policy change remains uncertain, but it has already sparked reactions across multiple agencies. The Departments of Defense, Commerce, and Homeland Security have begun implementing the revised contract terms, signaling that the change is here to stay under Trump’s leadership.
With the 2024 election cycle underway, civil rights advocates and lawmakers are expected to challenge the administration’s decision. Whether through legal battles or future executive actions, the debate over this policy change is far from over.
