Jewish students and faculty at Penn ask that their names not be turned over in federal antisemitism investigation

Several groups at the University of Pennsylvania representing Jewish students, faculty, and staff are seeking to protect their names and personal information from being turned over to the U.S. Equal Employment Opportunity Commission, which is suing Penn to get it.

The EEOC in November filed legal action after the Ivy League university refused to comply with a subpoena seeking information for an investigation it began in 2023 over the school’s treatment of Jewish faculty and other employees regarding antisemitism complaints.

In its quest to find people potentially affected, the EEOC demanded a list of employees in Penn’s Jewish Studies Program, a list of all clubs, groups, organizations and recreation groups related to the Jewish religion — including points of contact and a roster of members — and names of employees who lodged antisemitism complaints.

In a legal filing in federal court this week, several groups argued that their personal information should be kept private.

“In effect, these requests would require Penn to create and turn over a centralized registry of Jewish students, faculty, and staff — a profoundly invasive and dangerous demand that intrudes deeply into the freedoms of association, religion, speech, and privacy enshrined in the First Amendment,“ the groups charged in the filing.

» READ MORE: EEOC sues Penn for failing to release information related to antisemitism investigation

The motion was filed on behalf of the American Academy of Jewish Research — the oldest organization of Jewish studies scholars in North America — Penn Carey Law School’s Jewish Law Students Association, the national and Penn chapters of the American Association of University Professors, and the Penn Association of Senior and Emeritus Faculty. All the groups include Jewish students, faculty, and staff whose information could be impacted, according to lawyers involved in filing the motion.

No matter the motives of the EEOC, “creating a list of Jews in an era where data security is questionable, against the backdrop of rising antisemitism ... and white supremacy is terrifying,“ Amanda Shanor, a Penn associate professor of legal studies & business ethics and one of the lawyers who filed the motion, said in an interview.

The groups argued that providing the personal information to the EEOC could harm future membership.

“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 filing said.

And while Penn has resisted compliance, the groups worry that could change if President Donald Trump’s administration applies financial or other pressure, according to the filing.

» READ MORE: Trump administration restores $175 million to Penn after deal reached on trans athletes

Penn last summer entered into an agreement with the Trump administration over trans athletes after $175 million in federal funding was paused. Penn agreed to apologize to members of its women’s swim team who were “disadvantaged” by transgender swimmer Lia Thomas’ participation on the team in the 2021-22 season and remove Thomas’ records, giving them instead to swimmers who held the next best times. The school also agreed to abide by Title IX — the civil rights law that prohibits sexual harassment and discrimination — “as interpreted by the Department of Education” in regard to athletics and state that all its practices, policies, and procedures in women’s athletics will comply with it.

Lawyers for the the groups in the EEOC case pointed to that settlement in their filing.

“The proposed intervenors cannot leave their rights to chance and must be permitted to protect their rights,” lawyers for the groups said in their filing this week.

Shanor said while Penn “has been very firm on this in a way that I am very struck by and impressed with,” it’s important for the faculty and students to “assert those interests directly and explain to the court from the people who actually would be harmed by this why this is unconstitutional.”

Steven Weitzman, a professor of religious studies at Penn, said he got involved in part because the EEOC was seeking the names of faculty and staff who participated in confidential listening sessions as part of Penn’s task force on antisemitism.

“We promised the participants it would be confidential,” said Weitzman, who, as a member of the task force, helped set up the listening sessions.

Penn provided notes from the sessions, but not participants’ identities, he said.

As part of the Jewish studies program, his information also would have been vulnerable to the EEOC’s demand. He said even though Penn didn’t provide the information, the EEOC somehow got his personal cell number and called last week. He doesn’t intend to call back, he said.

Asking the university to compile a list of Jewish faculty and staff is wrong, he said.

“Even if their motives are perfectly benign, they can’t guarantee they will always control that information and it’s setting a dangerous precedent,” he said.

Penn declined comment on the groups’ filing, but in a statement in November, the school said it had cooperated extensively with the EEOC, including providing more than 100 documents and over 900 pages.

But the private university refused to disclose the personal information.

“Violating their privacy and trust is antithetical to ensuring Penn’s Jewish community feels protected and safe,” Penn said.

Penn provided information on employees who complained and agreed to be contacted, the school said, and offered to reach out to employees and make them aware of the EEOC’s request to speak with them.

The original complaint was launched by EEOC Commissioner Andrea Lucas, now chair of the body, on Dec. 8, 2023, two months after Hamas’ attack on Israel that led to unrest on college campuses, including Penn, and charges of antisemitism. It was also just three days after former Penn President Liz Magill had testified before a Republican-led congressional committee on the school’s handling of antisemitism complaints; the testimony drew a bipartisan backlash and led to Magill’s resignation days later.

Lucas, whom Trump appointed chair last year, also brought similar antisemitism charges against Columbia University that resulted in the school paying $21 million for “a class settlement fund.”

EEOC complaints typically come from those who allege they were aggrieved. Lucas, according to the complaint, made the charge in Penn’s case because of the “probable reluctance of Jewish faculty and staff to complain of harassing environment due to fear of hostility and potential violence directed against them.“

The EEOC’s investigation ensued after Lucas’ complaint to the EEOC’s Philadelphia office that alleged Penn was subjecting Jewish faculty, staff, and other employees, including students “to an unlawful hostile work environment based on national origin, religion, and/or race.”

The allegation, the complaint said, is based on news reports, public statements made by the university and its leadership, letters from university donors, board members, alumni, and others. It also cited complaints filed against Penn in federal court and with the U.S. Department of Education over antisemitism allegations and testimony before a congressional committee.

“Penn has worked diligently to combat antisemitism and protect Jewish life on campus,” Penn said in its November statement about the EEOC lawsuit.