Federal Government and Segregated Facilities

The Trump administration made changes so that the federal government no longer explicitly prohibits contractors from having segregated restaurants, waiting rooms, and drinking fountains.
This change is documented in a public memo issued by the General Services Administration (GSA).
The memo is a result of President Trump's executive order on diversity, equity, and inclusion, which repealed an executive order signed by President Lyndon B. Johnson in 1965.
This affects all civil federal agencies.
Legal experts say the change to contracts across the federal government is significant despite existing laws against segregation and discrimination.
Melissa Murray (Constitutional Law Professor at NYU) says that removing the clause is symbolic but incredibly meaningful.
The original provisions required federal contractors to comply with civil rights laws and maintain integrated workplaces.

The clause in question is in the Federal Acquisition Regulation (FAR) - a large document used by agencies to write contracts.
Clause 52.222-21 of the FAR is titled "Prohibition of Segregated Facilities."
The clause states that contractors cannot maintain or provide segregated facilities for employees and cannot allow employees to work where segregated facilities are maintained.
This clause had been in government contracts for decades.
The current version of the clause (updated in 2015) defines segregated facilities as work areas, restaurants, drinking fountains, transportation, and housing.
Segregation is prohibited based on "race, color, religion, sex, sexual orientation, gender identity, or national origin."
Several federal agencies have notified contract staff to institute these changes, including the Departments of Defense, Commerce, and Homeland Security.
A notice from the National Institutes of Health shows the change is already in effect, stating that FAR 52.222-21 and FAR 52.222-26 (Equal Opportunity) will not be considered when making award decisions or enforcing requirements.
Businesses still need to follow federal and state laws, including the Civil Rights Act of 1964, which makes segregated facilities illegal.

A federal worker expressed shock at the FAR changes and the lack of a typical public notice or comment period (30-60 days), which is usually required for any "significant revision."
The worker believes the process subverts democracy by not allowing agencies and contracting officers to comment and think through the implications.
The worker alleges changes are being implemented quickly, hoping no one will notice.

GSA spokesperson Will Powell stated that GSA is taking immediate action to implement all current executive orders and is committed to implementing any new executive orders.
Powell defended the process of implementing the changes without a public comment period as "common practice and permissible, not only used for emergency circumstances."
Powell stated that GSA is moving quickly to undo damaging policies of the past administration.
Powell added that the Civil Rights Act of 1964 must still be followed and suggested that the clause was duplicative, and its removal was an effort to "streamline" the FAR.

Kara Sacilotto (attorney at Wiley law firm) speculates that the provision was flagged because it was revised under the Obama administration to include "gender identity."
This change was made to implement Obama-era Executive Order 13672, which President Trump rescinded.
The memo does not say to exclude just the "gender identity" part of the clause but the entire clause.
Murray recalls an experience where her Jamaican immigrant father was restricted to working in the back of a department store in 1985 due to his race, highlighting that racial segregation is not a distant memory.