The Trump administration is no longer requiring an explicit prohibition of segregated facilities in new government contracts.
The Feb. 15 memo from the U.S. General Services Administration (GSA) was first reported by NPR Tuesday.
Segregation is still illegal in the U.S. and the memo states contractors are still subject to laws on civil rights and nondiscrimination.
But the directive from the GSA, which manages federal property and sources contracting options for other agencies, came in response to one of President Donald Trump‘s executive orders aimed at rolling back diversity, equity and inclusion in the federal government. Here is what to know about the order:
The memo states that the changes to contract and solicitation terms for federal agencies are necessary after Trump’s Jan. 21 executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
Along with other programs Trump considered under the diversity, equity, inclusion and accessibility umbrella, the order revoked the 1965 Equal Employment Opportunity executive order signed by former President Lyndon B. Johnson. Johnson’s order required government contracts to include nondiscrimination language.
In its place, as the memo lays out, contracts “do not include” provisions including 52.222-21, Prohibition of Segregated Facilities, which includes restrooms, drinking fountains and transportation.
Civil rights attorney Ben Crump posted on X about the measure, saying, “this change sends a CLEAR message.”
Muslim civil rights and advocacy organization Council on American-Islamic Relations also criticized the measure.
“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,” said CAIR National Communications Director Ibrahim Hooper in an emailed 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.”
But GSA spokesperson Stephanie Joseph defended the measure saying that duplicative regulations in the Federal Acquisition Regulation, the regulation standard for government suppliers, put an “unnecessary burden” on American companies working with the government.
“This is why reforming the (Federal Acquisition Regulation) is such a high priority for GSA and this administration,” Joseph said in a statement to USA TODAY. “We are moving at the speed of need to quickly undo the damaging policies of the past administration. The entirety of the clause in question was originally implemented because of an EO under a former administration.”
Contributing: Reuters
Kinsey Crowley is a trending news reporter at USA TODAY. Reach her at kcrowley@gannett.com. Follow her on X and TikTok @kinseycrowley or Bluesky at @kinseycrowley.bsky.social.
