Part of the sweeping changes that have come with President Donald Trump’s second term in the White House include a reversal of a prohibition on federal contractors having segregated restaurants, waiting rooms and drinking fountains.
A February memo from Director William Clark of the Office of Government-wide Acquisition Policy cited by NPR this week said that “when issuing new solicitations or contracts,” not to include clause 52.222-21, “Prohibition of Segregated Facilities” – from the Federal Acquisition Regulation, known as the FAR.
NPR said that this “huge document” is used by agencies to write contracts for anyone providing goods or services to the federal government. Clause 52.222-21 prohibits segregation based on “race, color, religion, sex, sexual orientation, gender identity, or national origin.”
Clark’s memo also said not to include multiple other provisions and clauses, such as clauses covering equal opportunity and affirmative action.
“The memo explains that it is making changes prompted by President Trump’s executive order on diversity, equity and inclusion, which repealed an executive order signed by President Lyndon B. Johnson in 1965 regarding federal contractors and nondiscrimination,” said NPR. “The memo also addresses Trump’s executive order on gender identity.”
Per People magazine, Johnson’s initial order explicitly prohibited discrimination in employment by federal contractors and subcontractors based on race, color, religion, sex, or national origin and former President Barack Obama extended it to prohibit discrimination based on gender identity.
NPR reported that several federal agencies have already notified staff to make changes in accordance with the memo, as evidenced in a recent notice from the National Institutes of Health. The outlet noted that there are still state and federal laws that outlaw segregation and discrimination that companies need to comply with, including the Civil Rights Act of 1964 that makes segregated facilities illegal.
However, it also said legal experts said this change to federal government contracts is significant. When the country finally worked to end segregation in the 1950s and 1960s, the provisions that required federal contractors to comply with federal civil rights laws were part of that effort.
“It’s symbolic, but it’s incredibly meaningful in its symbolism,” Melissa Murray, a constitutional law professor at New York University cited by NPR, explained.
WSB-TV 2 in Atlanta, Ga., reported this week that civil rights activists plan to fight back against the Trump administration’s move regarding the segregated facilities ban in federal contracts.
“Never thought I’d see a headline like that,” Georgia NAACP President, Gerald Griggs told the outlet Wednesday.
In a press release issued this week, Council on American-Islamic Relations (CAIR)National Communications Director Ibrahim Hooper also slammed the moves.
“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,” he said. “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.”
One federal worker who works on contracts and asked NPR to preserve their anonymity said they were “shocked” to receive the notice. Furthermore, they said that the process used to institute the changes is usually reserved for national emergencies. It doesn’t include the typical 45 to 90-day period for public comment.
“The way that they’re implementing this in the contracting field is essentially subverting democracy – you’re supposed to allow agencies to comment on this, contracting officers to comment on it, and think through the implications carefully,” the worker said, according to NPR. “By doing this, they’re essentially ramming things through hoping no one's going to notice.”