Judge Orders UPenn to Turn Over Jewish Employee Records

Federal discrimination probe prompts university to appeal privacy concerns

Mar. 31, 2026 at 9:48pm

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A federal judge has ordered the University of Pennsylvania to hand over records about Jewish employees on campus to the U.S. Equal Employment Opportunity Commission as part of an investigation into alleged antisemitic discrimination. The university plans to appeal, citing privacy and First Amendment concerns over creating lists of Jewish faculty and staff.

Why it matters

This case highlights the tension between a federal agency's need to investigate potential workplace discrimination and a university's obligation to protect employee privacy and free association rights. The outcome could set precedents around how far investigators can go in demanding employee religious affiliations during discrimination probes.

The details

U.S. District Judge Gerald Pappert mostly upheld an EEOC subpoena, saying the agency needs to directly interview employees to learn if they have evidence of antisemitism on campus. However, the judge said Penn does not have to disclose any worker's affiliation with a Jewish-related organization or provide information about three specific Jewish groups. The university argued the request raised 'serious privacy and First Amendment concerns' by essentially requiring it to create lists of Jewish faculty and staff.

  • The EEOC investigation was prompted in part by incidents in 2025, including antisemitic obscenities, property destruction at a Jewish student center, and hateful graffiti.
  • On March 31, 2026, the federal judge issued the order for UPenn to turn over employee records.

The players

U.S. District Judge Gerald Pappert

The federal judge who ordered the University of Pennsylvania to hand over records about Jewish employees on campus to the EEOC as part of an investigation into alleged antisemitic discrimination.

University of Pennsylvania

The Ivy League university that was ordered to turn over employee records, citing privacy and First Amendment concerns over creating lists of Jewish faculty and staff.

U.S. Equal Employment Opportunity Commission (EEOC)

The federal agency investigating alleged antisemitic discrimination at the University of Pennsylvania and seeking access to employee records to facilitate outreach to potential victims.

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What they’re saying

“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.”

— University of Pennsylvania spokesperson

“The EEOC no longer seeks any employee's specific affiliation with a particular Jewish-related organization on campus.”

— U.S. District Judge Gerald Pappert

What’s next

The University of Pennsylvania plans to appeal the judge's order to turn over employee records to the EEOC.

The takeaway

This case highlights the complex balance between investigating potential workplace discrimination and protecting employee privacy and free association rights. The outcome could set important precedents around the scope of information federal agencies can demand from universities during discrimination probes.