Penn doesn’t have to release names of Jewish people to Trump administration during appeal process, judge rules

The University of Pennsylvania does not have to release names of people affiliated with Jewish organizations on its campus to a federal agency while it is appealing a judge’s order, a judge ruled Monday.

Judge Gerald J. Pappert granted Penn a stay in the order he issued in late March that said Penn must comply with a subpoena issued by the Equal Employment Opportunity Commission and release the names.

Penn argued in court documents filed earlier this month that it would be “irreparably harmed” if it had to comply with the order before the school has a chance to appeal.

» READ MORE: Penn asks court for stay of judge’s order that it release list of Jewish people on its campus

“Penn does not have a strong chance of prevailing on appeal but makes, narrowly, a showing of irreparable harm,” Pappert wrote.

Pappert acknowledged the EEOC’s right to investigate antisemitism on Penn’s campus but said there would be no harm in waiting for the Third Circuit Court to hear the appeal.

“The EEOC asserts the public has an interest in the EEOC investigating a valid charge of discrimination, and that is true, but the public also has an interest in the orderly resolution of this case through the ordinary appellate process,” Pappert wrote.

The EEOC did not immediately respond for comment.

“Now that the stay has been granted we can proceed with the appeal process,” a Penn spokesperson said.

» READ MORE: Penn asks court for stay of judge’s order that it release list of Jewish people on its campus

Pappert’s March ruling marked a major loss for Penn in its fight to keep employees’ and students’ personal information from the federal government as the EEOC sought to investigate antisemitism, which has been a priority for the Trump administration — especially on college campuses.

In his 32-page March 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 ruled the school had to provide the information to the EEOC, though it does not have to state which particular organization each person is affiliated with.

» READ MORE: Penn and Trump administration spar in court over subpoena seeking names of Jewish faculty and students

“The risk that Penn would be compelled to provide disclosures that deprive its employees of their constitutional rights is unquestionably irreparable injury and weighs heavily in favor of permitting full appellate review before any further disclosure in response to the subpoena occurs,” Penn argued in its filing earlier this month.

Monday’s ruling could merely be a delay, as Pappert underscored the school’s unlikely success in an appeal and discounted many of Penn’s arguments point-by-point.

“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.”

He further stated: “The subpoena seeks contact information for employees affiliated with the Penn Jewish community because, in the EEOC’s view and to tailor its requests as narrowly as possible, those employees are more likely to possess information relevant to whether Penn subjected Jewish employees to a hostile work environment based on religion.”

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

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

In Monday’s ruling, Pappert also questioned Penn’s assertion that it would alert employees of the EEOC’s investigation and invite them to contact the agency as an alternative to having to provide a list.

“But that gives an employer subject to a federal investigation an unacceptable role in, or authority over, how that investigation is conducted,” Pappert wrote.

Pappert also countered the EEOC’s argument that it would be harmed if a stay were granted. The agency contended “memories fade, witnesses and victims [may] leave [Penn], and potential harassing behavior [may] persist,” according to Pappert.

But the judge noted that five months after the EEOC initiated its charge against Penn, “it went dark for nearly one year,” which “undermines its asserted injury.”