Trump administration drops its subpoena seeking names of Jewish people at Penn

The Trump administration has agreed to drop its subpoena ordering the University of Pennsylvania to release the names of Jewish people on its campus.

The Equal Employment Opportunity Commission has said “it will not take any further measures to enforce the subpoena seeking identification and personal contact information of employees,” according to a resolution agreement filed in U.S. Court of Appeals Third Circuit Thursday. The agency also agreed not to seek the information through other means, according to the agreement.

The commission had been requesting the information to further its investigation into antisemitism complaints on Penn’s campus.

» READ MORE: https://www.inquirer.com/education/upenn-jewish-judge-stay-trump-administration-appeal-20260427.html

The EEOC initially won the court’s approval to enforce the subpoena, but Penn had been appealing the decision. Penn said it has agreed to drop its appeal and according to the resolution, the school agreed not to ask that the district court’s opinion in the case be vacated.

It’s not clear what caused the federal agency to change course. The EEOC did not immediately respond to request for comment.

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

“With the support of many members of the community who have stood with Penn throughout, the university has been able to protect its employees’ rights and none of the subpoenaed personal contact information was disclosed,” a university spokesperson said in a statement. “Penn remains committed to fighting antisemitism and all other forms of discrimination, to ensure everyone it serves can learn, work, and thrive.”

The move would seem to bring the months-long battle between the federal agency and the Ivy League university over the subpoena to a close.

The EEOC’s decision to subpoena the information drew widespread criticism from faculty and others, on and off the campus. Among those that opposed the subpoena was the Penn chapter of the American Association of University professors.

“This victory shows that universities should not capitulate to unjust and unconstitutional demands from the Trump administration,” said Lorena Grundy, vice president of AAUP-Penn. “AAUP-Penn will continue to defend the rights of all communities at Penn, and we look forward to continuing to grow the coalition that has grown out of this effort.”

In its quest to find people potentially affected by antisemitism concerns at Penn, the commission last year 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.

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 Penn’s then-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.

The commission sued Penn in November for failing to turn over the information.

Judge Gerald J. Pappert ruled in March that Penn must comply with the subpoena, marking a major loss for Penn in its fight to keep employees’ and students’ personal information from the federal government. In his 32-page ruling, Pappert largely dismissed arguments from Penn and others who intervened on the school’s behalf that releasing the information sought by the commission would put employees at risk, create an undue burden on the school, and cause employees to disaffiliate from such groups.

Pappert had ruled the school had to provide the information to the EEOC, though it did not have to state which particular organization each person is affiliated with.

Penn sought a stay of the order and said it would be “irreparably harmed” if it had to comply before the school had a chance to appeal.

Pappert in April granted Penn a stay while the appeal proceeded. But Pappert at that time also underscored the school’s unlikely success in an appeal.

“The charge of discrimination is valid, the EEOC’s subpoena seeks information relevant to the charge and the subpoena does not unduly burden Penn,” he wrote. “The subpoena also does not violate substantive due process or the First Amendment.”

Penn has said it provided information to the EEOC in cases where employees consented but steadfastly refused in others. The school also offered the commission alternative ways of reaching out to employees.

This is a developing story and will be updated