UPenn must turn over Jewish employee records in federal discrimination case

PHILADELPHIA - A federal judge has ordered the University of Pennsylvania to turn over records about Jewish employees on campus to the U.S. Equal Employment Opportunity Commission as part of an investigation into antisemitic discrimination, but said the school does not have to disclose any employee’s affiliation with a specific group.

Judge’s order on employee records

What we know:

U.S. District Judge Gerald Pappert mostly upheld a subpoena for Penn to provide information about Jewish employees, but ruled the university does not have to reveal any worker’s affiliation with a Jewish-related organization or provide information about three Jewish-affiliated groups. 

Pappert said employees can refuse to participate in the investigation, but the EEOC "needs the opportunity to talk to them directly to learn if they have evidence of discrimination."

The EEOC’s investigation was prompted by several incidents, including antisemitic obscenities and property destruction at a Jewish student life center, a Nazi swastika painted on an academic building, and hateful graffiti outside a fraternity. The probe also focuses on Penn’s response to protests over the war in Gaza and other related incidents.

The university’s response and privacy concerns

The other side:

"We remain committed to confronting antisemitism and all forms of discrimination, and have taken multiple steps to prevent and address these despicable events. While we acknowledge the important role of the EEOC to investigate discrimination, we also have an obligation to protect the rights of our employees. 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 University does not maintain employee lists by religion. We intend to appeal," said a Penn spokesperson in a statement to FOX 29.

Pappert wrote that Penn and others who joined the litigation "significantly raised the dispute’s temperature by impliedly and even expressly comparing the EEOC’s efforts to protect Jewish employees from antisemitism to the Holocaust and the Nazis’ compilation of ‘lists of Jews.’" He called that "unfortunate and inappropriate."

It is not unusual for federal investigators to request the identities of employees of a particular religion to facilitate outreach to possible victims, according to a former federal official who spoke on condition of anonymity.

The EEOC’s position and ongoing investigation

The EEOC claimed in a November filing that Penn’s "workplace is replete with antisemitism," and said identifying those who have witnessed or experienced the environment is essential to determine whether the work environment was hostile. 

The investigation remains active, with Penn planning to appeal the judge’s order.

The case has drawn attention to how universities handle discrimination investigations and balance privacy concerns with federal oversight.

What we don't know:

It is not yet clear how many employees will be contacted or how the EEOC will proceed if Penn appeals the judge’s order. 

The timeline for the appeal and any further actions by the university or the EEOC has not been announced.