Federal Judge Orders University of Pennsylvania to Release Jewish Employee Records in Antisemitism Probe

A federal judge has ordered the University of Pennsylvania to comply with a subpoena from the U.S. Equal Employment Opportunity Commission (EEOC) seeking information about Jewish employees as part of an ongoing investigation into alleged antisemitic discrimination on campus. U.S. District Judge Gerald Pappert ruled on Tuesday that the university must provide records related to Jewish employees but clarified that it does not have to disclose any individual’s affiliation with specific Jewish organizations. The university has announced plans to appeal the decision.

The EEOC’s investigation was initiated following a series of antisemitic incidents at the Ivy League institution, including the shouting of antisemitic obscenities, vandalism at a Jewish student life center, the painting of a Nazi swastika on an academic building, and hateful graffiti outside a fraternity. The probe also examines the university’s response to protests related to the war in Gaza and other related events. In a November filing, the EEOC described Penn’s workplace environment as “replete with antisemitism” and emphasized the importance of identifying individuals who may have witnessed or experienced such discrimination to assess whether the environment was objectively and subjectively hostile.

Judge Pappert acknowledged that the EEOC’s subpoena was “ineptly worded” but found its purpose understandable, as it sought to obtain information in a narrowly tailored manner to identify individuals within Penn’s Jewish community who could provide evidence of discrimination. However, the judge exempted three Jewish-affiliated campus organizations—MEOR, Penn Hillel, and the Chabad Lubavitch House—from the subpoena, citing their legal and financial separation from the university and concerns about privacy. He also noted that the EEOC no longer seeks to identify employees’ specific affiliations with Jewish groups on campus.

The University of Pennsylvania expressed concerns about the subpoena’s implications for employee privacy and First Amendment rights. A university spokesperson stated that Penn does not maintain lists of employees by religion and argued that the subpoena raises serious constitutional questions. The spokesperson emphasized the university’s commitment to confronting antisemitism and all forms of discrimination, noting that it has taken multiple steps to address these issues. The ruling comes amid broader federal scrutiny of higher education institutions following increased campus unrest after the October 2023 Hamas attack on Israel. Penn’s former president, Liz Magill, resigned in December 2023 after a congressional hearing on antisemitism claims at the university.