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The University of Pennsylvania has formally appealed a federal judge’s order enforcing a subpoena from the Equal Employment Opportunity Commission, escalating a closely watched legal battle over antisemitism complaints, employee privacy and the limits of federal authority.
The appeal challenges a March 31 ruling that required Penn to comply with the subpoena that seeks information about Jewish faculty and staff. At the same time, Penn has asked the district court to pause enforcement of that order during the appeal.
The case stems from a broader federal effort to investigate allegations of antisemitism on college campuses following the October 2023 Hamas attack on Israel, Israel’s war in Gaza and the wave of protests that followed. The EEOC launched an inquiry into Penn in late 2023 after a commissioner filed a charge alleging a hostile work environment for Jewish employees.
Last year, the commission issued a subpoena seeking detailed information about individuals involved in complaints against the university and those affiliated with Jewish organizations, including members of Penn’s Jewish studies program and related campus groups.
Penn resisted the EEOC subpoena, arguing that it is too broad in its requests and that responding would require the university to effectively identify employees by religion.
Faculty, Jewish and civil rights groups have raised concerns about the historical implications of government efforts to identify individuals based on religion. Some intervened in the case to oppose the subpoena, arguing it could set a dangerous precedent.
At the end of March, U.S. District Court Judge Gerald J. Pappert sided with the EEOC, concluding that the subpoena met the legal standards for enforcement. He found the requested information “relevant” to the agency’s investigation and rejected Penn’s arguments that the requests were overly burdensome or unconstitutional, though his order did include some limits, including a block on information that would directly reveal affiliation with specific Jewish organizations.