The University of Pennsylvania has formally resisted a subpoena issued by the Equal Employment Opportunity Commission (EEOC) requesting detailed information about Jewish faculty, staff, and students. In a court filing dated June 5, 2023, the university described the demand as “unconstitutional” and “unnecessary,” emphasizing concerns over privacy and safety.
The EEOC’s subpoena, first issued in July 2022, compelled the university to compile and disclose a list of all Jewish and Jewish-affiliated campus organizations. This included personal contact information for their members, as part of an investigation into allegations of antisemitic harassment at the university. Penn has firmly denied this request, stating that it could infringe upon the privacy rights of its community members.
In its legal arguments, the university highlighted the troubling historical context surrounding governmental scrutiny of individuals of Jewish ancestry. “The government’s demand implicates Penn’s substantial interest in protecting its employees’ privacy, safety, and First Amendment rights,” the filing stated.
Support for Penn’s stance has emerged from various community leaders, including Rabbi Rick Fox of MEOR Penn, Rabbi Gabriel F. Greenberg of Penn Hillel, and Rabbi Menachem Schmidt of Chabad at Penn. Their backing underscores the widespread concern regarding the implications of the EEOC’s demands.
Legal and Community Reactions
The ACLU of Pennsylvania, alongside a coalition of Jewish students and scholars, has also filed a motion to intervene in the case. This coalition includes organizations such as the American Academy of Jewish Research and the Jewish Law Students Association of the University of Pennsylvania Carey Law School. They argue that the EEOC’s requests would effectively create a centralized registry of Jewish individuals at the university, which they describe as “a profoundly invasive and dangerous demand.”
The intervening parties expressed that such a disclosure would pose a significant threat to the safety of those identified. They noted that compiling and turning over lists of Jewish individuals evokes a “terrifying history” that resonates with past instances of discrimination and persecution.
The American Association of University Professors has joined the motion to intervene, reinforcing the concerns regarding civil liberties. In a press release, they stated, “to demand that Penn create and compile lists of Jewish people—particularly those active in political causes disfavored by the government—evokes the disturbing history of twentieth-century antisemitism.”
This legal battle raises critical questions about privacy rights and the balance between governmental oversight and individual freedoms on college campuses. The outcome could have significant repercussions for how universities manage sensitive information relating to their communities.
As the situation continues to unfold, the University of Pennsylvania remains steadfast in its commitment to protecting the rights of its employees and students, emphasizing its dedication to maintaining a safe and inclusive environment on campus.
