Groups oppose EEOC’s request for personal data disclosureEEOC is investigating alleged antisemitism at University of PennsylvaniaPenn says it’s cooperating, but refuses to disclose Jewish community lists
Jan 13 (Reuters) – Groups representing Jewish faculty and students at the University of Pennsylvania on Tuesday moved to block the Equal Employment Opportunity Commission from forcing the school to disclose their personal information, which they said would threaten their safety.
The groups filed a motion, opens new tab in Philadelphia federal court to intervene in a case brought in November by the EEOC, which says Penn has flouted a subpoena seeking a list of members of Jewish-related campus groups and the names of employees in the Ivy League school’s Jewish Studies Program.
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The EEOC is investigating alleged antisemitic conduct at the university, but the groups on Tuesday said the forced disclosure of their names and contact information could harm the very people the agency is seeking to protect.
“Compiling and turning over to the government ‘lists of Jews’ conjures a terrifying history,” wrote lawyers for the groups, which include the American Association of University Professors, the American Academy of Jewish Research and a Jewish law student association.
The EEOC did not immediately respond to a request for comment. A university spokesperson said the school had cooperated extensively with the commission’s investigation but refused to turn over lists of Jewish employees and students.
“Violating their privacy and trust is antithetical to ensuring Penn’s Jewish community feels protected and safe,” the spokesperson said.
Penn and many other schools have faced scrutiny for their handling of campus protests over the Israel-Hamas war and alleged incidents of antisemitism by students and staff. Penn’s president, Liz Magill, resigned in December 2023 after she declined during a congressional hearing to definitively say whether calling for the genocide of Jews violated the school’s code of conduct.The Justice Department in February announced a multi-agency task force to probe antisemitism in schools and universities, and the U.S. Education Department has said that it is investigating alleged antisemitic harassment at five colleges.
The EEOC has not accused Penn of violating anti-discrimination laws, but said in its November petition that the school had withheld a wealth of information necessary for the agency to complete its investigation.
Without that information, the commission said, it cannot contact employees exposed to antisemitic conduct and determine whether the university’s response was adequate.
On Tuesday, the groups seeking to intervene said that did not justify the non-consensual disclosure of personal information.
“The prospect that the Subpoena or a similar future subpoena could be enforced will chill the Jewish community members’ willingness to join and participate in these organizations for years to come,” the groups said.
The case has been assigned to U.S. District Judge Gerald Pappert. Penn in December moved for the case to be reassigned to District Judge Mitchell Goldberg, who is presiding over a 2023 lawsuit by three faculty members alleging that the school failed to address incidents of antisemitism.
Goldberg dismissed that case last year with leave to amend some of the claims. The plaintiffs have appealed.
The case is EEOC v. Trustees of the University of Pennsylvania, U.S. District Court for the Eastern District of Pennsylvania, No. 2:25-cv-06502.
For the EEOC: Debra Lawrence
For Penn: Seth Waxman and Debo Adegbile of Wilmer Cutler Pickering Hale & Dorr; Sean Burke of the University of Pennsylvania
For the proposed intervenors: Matthew Hamermesh of Hangley Aronchick Segal & Pudlin
Read more:
EEOC says University of Pennsylvania flouting subpoena in antisemitism probeUniversity of Penn professors in Israel speak out on US campus antisemitismUniversity of Pennsylvania president resigns after antisemitism testimonyUS forms task force to battle antisemitism focusing on schools, campuses
Reporting by Daniel Wiessner in Albany, New York
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