U.S. Equal Employment Opportunity Commission v. Trustees of University of Pennsylvania

Summary

On December 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) opened an investigation into the University of Pennsylvania to determine whether the university maintained a hostile work environment for Jewish employees. The investigation was prompted by complaints from Jewish faculty, staff, and other employees and reports of antisemitic incidents on campus, including hateful graffiti, destruction of property at Jewish student life spaces, and hostile conduct linked to protests over the war in Gaza. The EEOC cited a reason to believe Penn engaged in a pattern of harassment based on religion, national origin, or race. The investigation occurred within the context of broader federal efforts under the Trump administration to address alleged antisemitism on college campuses nationwide. Identifying potential victims and witnesses was central to the inquiry.

In July 2025, the EEOC issued a subpoena seeking detailed employee records, including names, contact information, religious affiliation, membership in Jewish organizations, and records related to the Jewish Studies Program and the university’s antisemitism task force. It also requested participants in confidential listening sessions and de-identified survey responses.

Penn opposed producing the lists, citing concerns about employee safety and privacy, potential constitutional violations, and historical harms associated with government lists of Jewish people. The university noted it had already provided nearly nine hundred pages of employee complaint materials and offered to circulate EEOC contact information for voluntary reporting.

The subpoena prompted concern among faculty, student, and higher education groups. Multiple Penn-affiliated organizations, including the AAUP, the Penn Carey Law Jewish Law Students Association, the Penn Association of Senior and Emeritus Faculty, and the American Academy of Jewish Research, filed motions to intervene as defendants, arguing that forced disclosure would create a list of employees identified by religion and raise constitutional and safety concerns. Over 150 Jewish faculty members across 11 of Penn’s 12 schools filed an amicus brief supporting the university, expressing fear of exposure to threats or harassment, the revelation of religious affiliation without consent, and undermining trust and safety within the community. Many cited heightened concern after the October 7, 2023, attacks on Israel and subsequent rises in antisemitic incidents on U.S. campuses.

On November 18, 2025, the EEOC filed a federal lawsuit to enforce the subpoena. In early 2026, Penn formally asked the court to deny enforcement. On January 13, 2026, groups representing Jewish faculty and students filed a motion to intervene, and on January 20, 2026, Penn filed a brief opposing enforcement, reiterating that informing employees and allowing voluntary outreach to the EEOC protected rights while meeting investigative needs. The EEOC filed a brief urging enforcement under the court’s January 27, 2026, deadline.

On March 31, 2026, the court ordered Penn to comply with the subpoena and provide names and contact information for employees reasonably likely to have relevant information, while excluding disclosure of specific Jewish organizational affiliations and three identified Jewish groups separate from the university. The court noted the EEOC had a legitimate interest in obtaining relevant information and that employees could decline to participate voluntarily. It also addressed comparisons made to historical abuses, including Nazi-era tracking of Jews, calling such comparisons “unfortunate and inappropriate.”

Penn stated it would appeal, emphasizing its obligation to protect employee rights and noting that it does not maintain lists of employees by religion. In a university statement, Penn said, “While we acknowledge the important role of the EEOC to investigate discrimination, we also have an obligation to protect the rights of our employees. We continue to believe that requiring Penn to create lists of Jewish faculty and staff, and to provide personal contact information, raises serious privacy and First Amendment concerns.”