Pappert rejected constitutional challenges raised against the request and dismissed comparisons to historical persecution as ‘unfortunate and inappropriate.’
By Vered Weiss, World Israel News
A federal judge ordered the University of Pennsylvania on Tuesday to comply with a subpoena issued by the Equal Employment Opportunity Commission seeking information about Jewish community members as part of an investigation into antisemitism on campus.
The ruling, issued by US District Judge Gerald Pappert in a 32-page opinion, followed oral arguments held three weeks earlier in Philadelphia.
Pappert rejected constitutional challenges raised against the request and dismissed comparisons to historical persecution as “unfortunate and inappropriate.”
The subpoena, issued last summer, is tied to a federal probe examining allegations of antisemitism at the Ivy League university.
The investigation began after campus demonstrations related to Israel’s response to the October 7 attacks by Hamas and scrutiny over how the university handled complaints.
Pappert wrote that the EEOC’s request was limited in scope and aimed at identifying individuals who may have experienced or observed antisemitism in the workplace. “Though ineptly worded, the request had an understandable purpose – to obtain in a narrowly tailored way, as opposed to seeking information on all university employees, information on individuals in Penn’s Jewish community who could have experienced or witnessed antisemitism in the workplace,” he wrote.
The EEOC sought details, including lists of Jewish-affiliated groups, along with names, phone numbers, and mailing addresses of their members. It also requested information on employees connected to the Jewish Studies Program and individuals who took part in listening sessions on antisemitism.
University officials opposed the subpoena and said they would challenge the decision. A spokesperson said Penn plans to appeal, citing privacy and constitutional concerns.
“We continue to believe that requiring Penn to create lists of Jewish faculty and staff, and to provide personal contact information, raises serious privacy and First Amendment concerns,” the statement said, adding that “The University does not maintain employee lists by religion.”
Pappert narrowed the request in part, stating the university is not required to “reveal any employee’s affiliation with a specific Jewish-related organization” or provide information about outside entities not run by Penn, including Penn Hillel.
The EEOC declined to comment and referred to the court’s opinion.
Beth Wenger, a Jewish historian and professor at the university, told CNN she was “deeply disappointed by the ruling,” adding, “On a fundamental level, I am concerned about the government being allowed to gather the personal information of Jews – or any other group.”