Federal Judge Orders University of Pennsylvania to Turn Over Employee Records
HARRISBURG, Pa. — The University of Pennsylvania has been directed by a federal judge to provide records on Jewish employees as part of an ongoing federal investigation into alleged antisemitic discrimination. However, the university is not required to disclose any individual’s affiliation with specific Jewish organizations.
Judge Gerald Pappert of the U.S. District Court stated that while participation in the U.S. Equal Employment Opportunity Commission’s (EEOC) inquiry is voluntary for employees, the agency must be allowed to contact them directly to gather any potential evidence of discrimination. The university has until May 1 to comply with the order, although the judge did not mandate the disclosure of any employee’s connection to Jewish groups.
In response, a spokesperson for the university emphasized its commitment to combating antisemitism and discrimination in all forms. They added that Penn plans to appeal the decision, citing significant concerns about privacy and the First Amendment. “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. The University does not maintain employee lists by religion,” the statement read.
According to a former federal official, it is common practice for federal investigators probing employment discrimination to request the identities of employees of a particular religion to help reach out to potential victims.
Pappert criticized the university and its supporters for comparing the EEOC’s efforts to protect Jewish employees from antisemitism with the Holocaust, labeling such comparisons as “unfortunate and inappropriate.” He clarified that the EEOC does not seek to link employees to specific Jewish organizations on campus.
The judge also excluded information about three Jewish-affiliated groups—MEOR, Penn Hillel, and Chabad Lubavitch House—from the subpoena. Leaders of these organizations had previously testified that they are legally and financially independent from the university. Rabbi Menachem Schmidt of Chabad at Penn emphasized the importance of privacy for their operations, expressing concerns over the impact of disclosing personal information without consent.
The investigation by the EEOC was initiated following several incidents, including antisemitic slurs being shouted and property vandalized at a Jewish student center, a swastika being painted on a university building, and hateful graffiti being found near a fraternity. The investigation also considers the university’s response to protests related to the Gaza conflict and other incidents.
The EEOC, in a November filing, characterized the university’s workplace as “replete with antisemitism” and argued that identifying individuals who have witnessed or been subjected to this environment is crucial to determining the presence of a hostile work environment.
