FAR 52.222-21—Prohibition of Segregated Facilities.
Plain-English Summary
FAR 52.222-21, Prohibition of Segregated Facilities, is an equal employment opportunity clause that bars contractors from maintaining or allowing segregated facilities in connection with contract performance. It defines key terms, including “segregated facilities,” “sexual orientation,” and “gender identity,” and explains what kinds of spaces are covered, such as waiting rooms, work areas, rest rooms, eating areas, time clocks, locker rooms, parking lots, drinking fountains, recreation areas, transportation, and housing facilities. The clause also clarifies an important exception: separate or single-user rest rooms, and necessary dressing or sleeping areas provided to assure privacy between the sexes, are not considered prohibited segregated facilities. In practice, the clause requires contractors to ensure that their own establishments and any locations under their control are free from segregation based on race, color, religion, sex, sexual orientation, gender identity, or national origin. It also makes clear that a violation of this clause is a violation of the contract’s Equal Opportunity clause and requires flowdown to covered subcontracts and purchase orders. The purpose is to prevent discriminatory separation in workplace facilities and to reinforce nondiscrimination obligations throughout the contracting chain.
Key Rules
Segregated facilities are prohibited
The contractor may not maintain or provide segregated facilities for employees at any establishment, and may not allow employees to work at any location under its control where such facilities are maintained. The prohibition applies when segregation is based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
Broad list of covered spaces
The clause covers many common workplace and employee-use areas, including waiting rooms, work areas, rest rooms, wash rooms, eating areas, time clocks, locker rooms, storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees.
Segregation can be explicit or de facto
A facility is prohibited if it is segregated by an explicit directive or if it is in fact segregated because of written or oral policies or employee custom. Contractors cannot avoid liability by relying on informal practices or workplace norms.
Limited privacy exception
Separate or single-user rest rooms, and necessary dressing or sleeping areas provided to assure privacy between the sexes, are not treated as prohibited segregated facilities. This exception is narrow and is intended to protect privacy, not to permit discriminatory separation.
Breach ties to Equal Opportunity clause
A violation of this clause is also a violation of the contract’s Equal Opportunity clause. That means noncompliance can trigger broader contractual and compliance consequences beyond this clause alone.
Flowdown to covered lower tiers
The contractor must include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause. This ensures the same nondiscrimination requirement applies throughout the subcontracting chain.
Defined terms follow DOL guidance
The meanings of “sexual orientation” and “gender identity” are taken from the Department of Labor’s OFCCP guidance referenced in the clause. Contractors should use those definitions when assessing compliance.
Responsibilities
Contracting Officer
Include the clause when prescribed by FAR 22.810(a)(1) and ensure the contract incorporates the required equal employment opportunity protections. The contracting officer should also recognize that noncompliance with this clause may implicate the broader Equal Opportunity clause.
Contractor
Do not maintain or provide segregated facilities, do not permit employees to work at locations under your control where segregated facilities exist, and ensure workplace practices do not create segregation in covered facilities. Flow the clause down to covered subcontracts and purchase orders and monitor compliance at your establishments and controlled locations.
Subcontractor or Purchase Order Recipient
Comply with the same prohibition if the clause is flowed down, and avoid maintaining or using segregated facilities in connection with performance. Follow the same nondiscrimination standards for covered employee facilities and workplace areas.
Agency
Use the clause in covered procurements and enforce the government’s equal employment opportunity policy through contract administration and compliance oversight. Agencies should ensure contractors understand the scope of the prohibition and the required flowdown.
Practical Implications
Contractors should review all employee-facing spaces, not just restrooms, because the clause reaches many common worksite facilities and even transportation or housing provided for employees.
Informal segregation is a real risk: a workplace custom, supervisor instruction, or unwritten practice can violate the clause even without a formal policy.
The privacy exception is narrow, so separate or single-user restrooms are generally acceptable, but broader sex-based separation in other facilities may not be.
Flowdown matters operationally: prime contractors need to insert the clause into covered subcontracts and purchase orders and verify that lower-tier parties are not creating segregated facilities.
Because a breach is also a violation of the Equal Opportunity clause, noncompliance can have consequences beyond a single clause, including compliance findings and contract administration issues.
Official Regulatory Text
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://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://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)