52.222-21 Prohibition of Segregated Facilities
Source: FAR 52.222-21 on acquisition.gov
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.
As prescribed in 22.810(a)(1), insert the following clause:
Prohibition of Segregated Facilities (Apr 2015)
(a) Definitions. As used in this clause
Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Segregated facilities, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank">http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
(b) 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. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.
(End of clause)