Federal Judge Orders Penn to Provide Jewish Employee Records to EEOC

A federal judge has ordered the University of Pennsylvania to provide records concerning Jewish employees to the U.S. Equal Employment Opportunity Commission (EEOC). This order is part of an ongoing investigation into alleged antisemitic discrimination on campus.

U.S. District Judge Gerald Pappert issued the ruling, clarifying that employees retain the right to decline participation in the EEOC investigation.

The judge mostly affirmed the subpoena but exempted Penn from disclosing any worker's affiliation with a specific Jewish-related organization or providing information about three particular Jewish-affiliated groups.

University's Response and Appeal

The University of Pennsylvania stated its commitment to addressing antisemitism and all forms of discrimination. The institution also announced its intention to appeal the judge's decision.

Penn's statement cited concerns over employee privacy and First Amendment rights, arguing that requiring the university to generate lists of Jewish faculty and staff, along with their personal contact information, raises serious issues.

The university also noted that it does not maintain employee lists based on religion.

Background to the Investigation

The EEOC investigation was initiated following a series of incidents on campus. These incidents include antisemitic obscenities and property destruction at a Jewish student life center, a Nazi swastika painted on an academic building, and hateful graffiti found outside a fraternity.

The investigation also encompasses the university's response to protests related to the war in Gaza and other campus incidents.

The EEOC asserted in a November filing that Penn's "workplace is replete with antisemitism," emphasizing that identifying individuals who have witnessed or experienced such an environment is crucial for determining if the work environment was hostile.

Judge's Comments on Litigation

Judge Pappert described as "unfortunate and inappropriate" comparisons made by the university and other litigants between the EEOC's efforts to protect Jewish employees and the Holocaust or Nazi compilations of "lists of Jews." He noted that the EEOC has since ceased seeking employees' specific affiliations with particular Jewish-related organizations on campus.