In a recent move, the Trump administration has removed a federal rule that explicitly barred government contractors from maintaining segregated facilities, a decision critics call deeply troubling.
The General Services Administration (GSA) issued a public memo stating that federal agencies can no longer include the “Prohibition of Segregated Facilities” clause in new solicitations or contracts.
The clause, part of the Federal Acquisition Regulation (FAR), had required contractors to ensure integrated workplaces, including work areas, restrooms, restaurants, transportation, and housing.
However, the memo states, “Contractors are still covered by existing United States civil rights/nondiscrimination laws. These laws apply whether or not the company is a government contractor.”
This change follows President Donald Trump’s decision to revoke a 1965 executive order by President Lyndon B. Johnson that mandated affirmative action and equal employment practices for federal contractors.
The Department of Labor announced that on January 21, Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
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The DOL directed the Office of Federal Contract Compliance Programs to “immediately cease” efforts to promote diversity. This includes “holding federal contractors and subcontractors responsible for taking ‘affirmative action’” and discouraging workforce balancing based on race, color, sex, sexual preference, religion, or national origin.
Segregation remains illegal under the Civil Rights Act of 1964 and state laws. However, legal experts say the removal of the clause sends a concerning message.
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“It’s symbolic, but it’s incredibly meaningful in its symbolism,” New York University constitutional law professor Melissa Murray told NPR. She noted that the change contradicts laws from the 1950s and 1960s that led to workplace integration.
The Department of Homeland Security and the National Institutes of Health are among the agencies that have already adopted the change, according to NPR.
Critics say the decision weakens enforcement against discrimination in federal contracting.
“As our nation unfortunately becomes more divided and polarized, the last thing we need is any effort that could be perceived as allowing racial segregation,” Ibrahim Hooper, national communications director for the Council on American-Islamic Relations, said in a written statement. “We must not turn back the clock to a time in our nation’s history when racism and white supremacy were written into laws and contracts.”
A GSA spokesperson told Axios that the Civil Rights Act remains in effect but argued that maintaining additional regulations in the FAR was unnecessary.
“Having additional duplicative regulations in the FAR places (an) unnecessary burden on American companies from doing business with the federal government,” the agency said. “This is why reforming the FAR is such a high priority for GSA and this administration.”
Before the Civil Rights Act of 1964, businesses and public facilities—particularly in the South—practiced racial segregation, with separate facilities for white and Black Americans, Axios reported. Activists challenged these policies through sit-ins and nonviolent demonstrations.
Johnson’s 1965 executive order gave the secretary of labor authority to enforce equal employment opportunities for federal contractors, requiring them to take affirmative action to prevent discrimination based on race, color, religion, or national origin. The removal of this requirement could open the door for contractors to exclude certain groups if they believe they will not face penalties, legal experts warn.
The Trump administration’s broader approach to civil rights enforcement often emphasized “anti-white racism” rather than discrimination against people of color, according to NPR.
The GSA memo also addressed Trump’s executive order on gender identity, though details were not immediately clear.
Federal agencies are continuing to implement the changes, raising concerns about their long-term impact on workplace diversity and inclusion.
