Prohibition of Segregated Facilities
Contractors must not maintain or allow segregated facilities based on protected characteristics and must ensure this requirement is included in all applicable subcontracts.
Overview
FAR 52.222-21, Prohibition of Segregated Facilities, requires contractors to ensure that no segregated facilities are maintained or provided for employees at any of their establishments or locations under their control. Segregated facilities are defined broadly to include any work or common areas separated by race, color, religion, sex, sexual orientation, gender identity, or national origin, except for privacy-related single-user restrooms or dressing areas. This clause is directly tied to compliance with the Equal Opportunity clause and must be flowed down to all applicable subcontracts and purchase orders. Violations are considered breaches of the Equal Opportunity requirements, carrying significant compliance risks for contractors and subcontractors alike.
Key Rules
- No Segregated Facilities
- Contractors must not maintain or provide segregated facilities for employees based on protected characteristics.
- Broad Definition of Facilities
- The rule covers a wide range of facilities, including restrooms, work areas, eating areas, and more, with limited exceptions for privacy.
- Mandatory Flowdown
- The clause must be included in all subcontracts and purchase orders subject to the Equal Opportunity clause.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and monitor compliance.
- Contractors: Prohibit and eliminate segregated facilities, ensure compliance at all locations, and flow down the clause to all relevant subcontracts and purchase orders.
- Agencies: Oversee contractor compliance and address violations as breaches of Equal Opportunity obligations.
Practical Implications
- This clause exists to enforce nondiscrimination and equal opportunity in federal contracting workplaces.
- Contractors must actively review their facilities and policies to ensure compliance and avoid inadvertent segregation.
- Failure to comply can result in contract violations and potential legal or administrative actions.