Trump administration removes ban on ‘segregated facilities’ such as waiting rooms and restaurants

Donald Trump’s administration has revoked a ban preventing federal contracts being awarded to companies who practice segregation, a move that has been condemned for “undoing decades of federal anti-discrimination policy”.

The directive, issued by the US General Services Administration on 15 February, removed a ban on “segregated facilities”, such as waiting rooms and restaurants, for federal contractors. 

Segregation is the act of separating or setting apart individuals or groups from others, often based on characteristics like race, gender, or religion.

Examples include the Jim Crow laws in the Southern United States, enacted in the late 19th and early 20th centuries, that enforced racial segregation and discrimination against African Americans.

Since returning to the White House on 20 January, Trump has taken steps to eradicate diversity, equity and inclusion initiatives within the federal government and private sector. 

Now, according to Reuters, one executive order has revoked policies dating back decades.

An executive order signed by Democratic president Lyndon B Johnson in 1965 aimed to end discriminatory practices in hiring and employment on the part of US government contractors.

But Trump’s directive seems to override this, saying that “when issuing new solicitations or contracts,” civil agencies should no longer include the provision and clause about the “prohibition of segregated facilities”.

The clause that no longer needs to be included, which formed part of the Federal Acquisition Regulation, states: “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 goes on to state that you can’t segregate based on on “race, colour, religion, sex, sexual orientation, gender identity or national origin.”

‘Incredibly meaningful in its symbolism’

The written directive has been described as a “symbolic” statement, and federal and state laws continue to outlaw discrimination and segregation. Businesses, both in and outside government contracts, still need to abide by the 1964 Civil Rights Act, which makes segregated facilities illegal. 

“While segregation is still illegal, this change sends a clear message,” Reuters quoted civil rights lawyer Ben Crump as saying. 

And, according to NPR, Melissa Murray, a professor at New York University School of Law, said of the order: ”It’s symbolic but it’s incredibly meaningful in its symbolism.” 

The American Civil Liberties Union (ACLU) condemned the move, saying the new directive aimed to undo “decades of federal anti-discrimination policy”. 

Trump’s executive orders “undermine obligations, dating back to the Johnson administration, that firms doing business with the US government, and receiving billions in public dollars, are held to the highest standards in remedying and preventing bias,” an ACLU spokesperson added, the Independent reported.

‘The way they’re implementing this is subverting democracy’

The Department of Commerce, the Department of Homeland Security and the National Institutes of Health are among the agencies that have notified staff of the changes. 

A contracted federal worker, whose identity has been protected, told NPR: “The way 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. 

”By doing this, they’re essentially ramming things through hoping no one’s going to notice.”

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