The Trump administration has made a change to federal contractor regulations that removes explicit prohibitions against segregated facilities, according to a memo issued by the General Services Administration (GSA) last month. The change follows an executive order on diversity, equity, and inclusion signed by President Donald Trump, which repealed a 1965 order from President Lyndon B. Johnson regarding federal contractors and nondiscrimination.
The Federal Acquisition Regulation (FAR), which guides how government contracts are structured, previously included Clause 52.222-21, titled “Prohibition of Segregated Facilities.” The clause stated, “The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.” It further defined segregated facilities as “work areas, restaurants, drinking fountains, transportation, housing and more” and prohibited segregation based on “race, color, religion, sex, sexual orientation, gender identity, or national origin” (General Services Administration memo, 2025).
According to NPR, several federal agencies, including the Departments of Defense, Commerce, and Homeland Security, have been informed that these changes should be implemented immediately. A recent notice from the National Institutes of Health confirmed that “FAR 52.222-21, Prohibition of Segregated Facilities and FAR 52.222-26 — Equal Opportunity will not be considered when making award decisions or enforce requirements” (NPR, 2025).
Legal experts say that while federal and state laws still prohibit segregation and discrimination, the removal of this clause is a significant shift. “It’s symbolic, but it’s incredibly meaningful in its symbolism,” said Melissa Murray, a constitutional law professor at New York University. “These provisions that required federal contractors to adhere to and comply with federal civil rights laws and to maintain integrated rather than segregated workplaces were all part of the federal government’s efforts to facilitate the settlement that led to integration in the 1950s and 1960s” (NPR, 2025).
The decision to remove this clause has also been linked to past executive orders regarding gender identity. Kara Sacilotto, an attorney specializing in federal contracts, noted that “the provision was flagged because it was revised under the Obama administration to include ‘gender identity'” as part of Executive Order 13672. That executive order was rescinded by Trump, and the FAR clause was identified for removal along with other regulations related to gender identity (NPR, 2025).
The manner in which this change was implemented has also raised concerns. A federal worker involved in contract oversight, who spoke anonymously, stated that they were “shocked” to receive notice of the change without the usual public notice and comment period. “By doing this, they’re essentially ramming things through hoping no one’s going to notice” (NPR, 2025). The General Services Administration did not provide a reason for bypassing the standard review process, stating only that “GSA has taken immediate action to fully implement all current executive orders and is committed to taking action to implement any new executive orders” (NPR, 2025).
While businesses that contract with the federal government must still comply with the Civil Rights Act of 1964 and other existing laws prohibiting segregation, the removal of this specific clause means that future administrations may have fewer regulatory mechanisms to enforce integration within federal contracting.
For Catholics and all Americans concerned with the dignity of every human person, changes in civil rights enforcement remain a topic of significant interest and discussion.
