“While segregation is still illegal, this change sends a CLEAR message,” said civil rights attorney Ben Crump.
In its latest move to eliminate race-conscious policy across the federal government, the Trump administration rescinded a clause in federal contracts that prohibited segregated facilities, including water fountains and restrooms.
A February memo issued by the General Services Administration that has become more widely known to the public calls for the “segregated facilities” clause to be stricken from new solicitations or contracts, along with provisions and clauses related to affirmative action in construction, among others. The clause barring segregation in facilities was first established in 1965 by President Lyndon B. Johnson.
“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 is still illegal, this change sends a CLEAR message,” said civil rights attorney Ben Crump.
The GSA memo makes clear that the directive to eliminate the clause on segregation and others, or more technically, to “issue a class deviation” from the Federal Acquisition Regulation, also known as FAR, is intended to comply with President Donald Trump’s executive order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The order bans diversity, equity, and inclusion across the federal government and rescinds previous presidential orders, including a 1965 order from President Johnson that enforces nondiscrimination in federal employment and contracting.
The “segregated facilities” clause in the federal contracts covers a wide range of facilities, including waiting rooms, work areas, restaurants, transportation ,and housing provided for employees that are “segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom.”
According to NPR, General Services Administration 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.”
Though the elimination of the clause may be alarming to some, it’s worth noting that federal and state laws already prohibit segregation based on race, religion, and sex, most especially the Civil Rights Act of 1964. Therefore, the move by the Trump administration is largely symbolic.
An attorney who specializes in federal contracts told NPR that the “segregated facilities” provision was likely flagged because it was revised under the Obama administration in 2015 to include “gender identity.” President Barack Obama’s executive order amending the clause was also rescinded by President Trump. However, the Trump administration made no distinction to exclude only “gender identity,” which, along with issues related to race or racial equity, has been a target of the president and his White House.
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