A federal judge has ordered the University of Pennsylvania to give federal investigators information about Jewish faculty and staff during a discrimination investigation tied to antisemitism complaints reported on campus after the Oct. 7 attack.
U.S. District Judge Gerald J. Pappert issued the decision Tuesday, directing the university to comply with a subpoena from the U.S. Equal Employment Opportunity Commission. The federal agency opened the investigation in 2023 after complaints from Jewish employees about antisemitism in the workplace.
Pappert wrote that investigators must have the ability to contact employees who may have witnessed or experienced discrimination, though participation in the investigation is voluntary.
“Employees can refuse to take part in the investigation, but the agency needs the opportunity to talk to them directly to learn if they have evidence of discrimination,” Pappert wrote.
The ruling requires Penn to provide information identifying Jewish employees so investigators can reach individuals who may have relevant information. Pappert determined that the EEOC’s request falls within the agency’s authority to investigate discrimination in the workplace.
The judge limited the scope of the subpoena. The university does not have to reveal an employee’s affiliation with a Jewish organization and does not need to submit information connected to three Jewish-affiliated groups.
Penn must comply with the order by May 1.
The investigation began after several incidents reported on campus. Federal filings described antisemitic obscenities shouted at a Jewish student life center where property was destroyed, a Nazi swastika painted on an academic building, and hateful graffiti discovered outside a fraternity house. Investigators also examined protests connected to the war in Gaza and the university’s response to those demonstrations.
In a November court filing, the EEOC told the judge that Penn’s “workplace is replete with antisemitism.” Federal investigators argued that identifying Jewish employees could help determine whether individuals experienced discrimination or witnessed behavior that created a hostile work environment.
A former federal official familiar with employment discrimination cases said investigators sometimes request the identities of employees connected to a specific religion so they can reach potential victims or witnesses. The official spoke on condition of anonymity because they were not authorized to discuss the investigation.
Penn challenged the subpoena in court filings and said the request raised privacy concerns for employees and students. Leaders of Jewish organizations connected to the university also objected. Groups supporting Penn included the American Academy of Jewish Research and the Jewish Law Students Association of the University of Pennsylvania Carey Law School.
Pappert addressed those objections in his 32-page ruling. He wrote that comparisons between the EEOC request and historical persecution of Jewish communities were inappropriate.
“Penn and other groups and associations the Court permitted to intervene significantly raised the dispute’s temperature by comparing the EEOC’s efforts to protect Jewish employees from antisemitism to the Holocaust and the Nazis’ compilation of ‘lists of Jews,’” Pappert wrote.
The judge said the EEOC’s request sought information that could identify members of Penn’s Jewish community who may have experienced or witnessed antisemitism in the workplace.
The university said it plans to appeal the decision. A Penn spokesperson said the institution remains committed to confronting antisemitism and discrimination but believes the request raises constitutional concerns.
“While we acknowledge the important role of the EEOC to investigate discrimination, we also have an obligation to protect the rights of our employees,” the spokesperson said.
Jewish organizations on campus expressed concern after the ruling. Penn’s Hillel chapter said it was deeply troubled by the decision and called on the university to challenge it.
Civil liberties advocates also criticized the order. Vic Walczak, legal director at the ACLU of Pennsylvania, said the decision could produce a list of individuals connected to a religious identity even without organizational affiliations. Walczak said the group plans to pursue an appeal to protect the constitutional rights of the faculty members it represents.
The Anti-Defamation League’s Philadelphia office said it is reviewing the decision. Andrew Goretsky, the organization’s senior regional director, referred to a previous statement from ADL Philadelphia supporting investigations into antisemitism while raising concerns about privacy implications connected to lists based on religious identity.
Pennsylvania’s two U.S. senators responded Wednesday morning with a joint statement. Democrat John Fetterman and Republican David McCormick said discrimination investigations should proceed.
“No student or faculty member should face illegal discrimination based on race, gender, religion, or national origin,” the senators said.
The EEOC did not immediately respond to a request for comment.
Federal scrutiny of antisemitism complaints at universities has increased in recent years. President Donald Trump accused prominent universities of antisemitism during his first term and, in 2019, signed an executive order directing that Title VI of the Civil Rights Act of 1964 apply to antisemitic acts.
Last year, the White House opened investigations into dozens of universities, including Penn, and began withholding federal funding from institutions under review. Federal discrimination lawsuits were also filed against Harvard University and the University of California, Los Angeles.
Pappert, appointed by former President Barack Obama, set May 1 as the deadline for the University of Pennsylvania to provide the information requested by the EEOC.
