‘Segregated Facilities’ No Longer Banned In Federal Contracts, Per Trump

By Christopher Rhodes
Blavity
https://blavity.com/

Some federal workers and outside observers recently noticed a curious change made by the Trump administration to federal regulations meant to fight discrimination. Acting on Trump’s orders against diversity, equity and inclusion, the government has nullified language explicitly banning segregation by federal contractors.

Language on ‘segregated facilities,’ ‘affirmative action’ and ‘equal opportunity’ was removed

The change involves the Federal Acquisition Regulation, a set of guidelines issued jointly by the Department of Defense, the General Services Administration and the National Aeronautics and Space Administration. The FAR regulates executive agencies obtaining supplies and services and sets rules for government contractors. Among the many provisions of the FAR is a “Prohibition of Segregated Facilities,” banning federal contractors from practicing segregation based on “race, color, religion, sex, sexual orientation, gender identity, or national origin” in their facilities, such as work and recreation areas, drinking fountains and transportation.

However, a recent memo issued by GSA orders government agencies to delete the “segregated facilities” clause when issuing contracts. It also requires them to delete several clauses on “equal opportunity” and “affirmative action.” The memo cites recent anti-diversity executive orders issued by the Trump administration for the change, noting that “contractors are still covered by existing United States laws on civil rights/nondiscrimination.”

Symbolic change indicates the Trump administration’s priorities

As noted in the memo, segregation is still illegal, based on a series of federal and state laws and judicial rulings dating back to the landmark Brown v. Board of Education decision and the Civil Rights Act of 1964, among others. New York University professor Melissa Murray, an expert on constitutional law, commented to NPR about the policy change.

“It’s symbolic, but it’s incredibly meaningful in its symbolism,” she said.

Meanwhile, an anonymous federal worker explained to NPR that they were shocked by how quickly the change was implemented, saying the government was “essentially ramming things through hoping no one’s going to notice.”

This change is the latest move by the Trump administration to attack diversity and roll back protections against discrimination. In addition to Trump’s executive orders banning DEI initiatives, which have been challenged in federal court, the Trump administration has also opposed race-conscious programming in schools, colleges and universities. While Trump has not legalized discrimination, as has erroneously been reported based on some of his orders, he has scaled back some of the enforcement mechanisms in place that protect against discriminatory practices.

The administration’s policies signal that the White House and the federal government will actively oppose diversity initiatives while seemingly deprioritizing protections against discrimination. It creates a hostile and legally ambiguous environment for historically excluded minorities and uncertainty about basic civil rights protections in the future.