Penn Fights EEOC Subpoena Seeking Names of Jewish Faculty and Students

University argues request violates constitutional rights, while EEOC says it's a routine part of antisemitism investigation

Published on Mar. 10, 2026

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The University of Pennsylvania is in a legal battle with the federal Equal Employment Opportunity Commission (EEOC) over an EEOC subpoena seeking the names of employees in Penn's Jewish Studies Program, members of Jewish clubs and groups, and those who have filed antisemitism complaints. Penn has refused to provide the names, arguing the subpoena is unconstitutional and invokes a "frightening and well-documented history of governmental entities that undertook efforts to identify and assemble information regarding persons of Jewish ancestry." The EEOC says the subpoena is a "garden-variety" request as part of its investigation into alleged antisemitism at the university.

Why it matters

This case highlights the tension between a government agency's investigative powers and a university's concerns over protecting the privacy and rights of its Jewish faculty, staff and students. The outcome could set an important precedent for how far federal agencies can go in demanding personal information as part of discrimination investigations, especially when it involves sensitive issues of religion and ethnicity.

The details

The EEOC sued Penn in November 2024, saying the university failed to comply with a subpoena seeking information for an investigation into antisemitism launched two years earlier. The subpoena demanded a list of employees in Penn's Jewish Studies Program, rosters of members of all Jewish clubs and groups, and names of employees who filed antisemitism complaints. Penn has refused to provide the names, arguing the request is unconstitutional and could invoke a history of government efforts to identify people of Jewish ancestry.

  • The EEOC launched an investigation into alleged antisemitism at the University of Pennsylvania in 2022.
  • The EEOC sued Penn in November 2024 for failing to comply with a subpoena.
  • The court hearing between Penn and the EEOC took place on March 10, 2026.

The players

University of Pennsylvania

A private Ivy League research university located in Philadelphia, Pennsylvania.

Equal Employment Opportunity Commission (EEOC)

A federal agency that enforces civil rights laws against workplace discrimination.

Debra Lawrence

A lawyer representing the EEOC in the case against the University of Pennsylvania.

Seth Waxman

A lawyer representing the University of Pennsylvania in the case against the EEOC.

Judge Gerald J. Pappert

The U.S. District Judge presiding over the court hearing between Penn and the EEOC.

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What they’re saying

“Obviously, that's created somewhat of a backlash.”

— Debra Lawrence, Lawyer for the EEOC (idahostatesman.com)

“The EEOC's charge that Penn had created a hostile work environment wasn't nearly specific enough to warrant the subpoena.”

— Seth Waxman, Lawyer for the University of Pennsylvania (idahostatesman.com)

What’s next

The judge in the case is expected to rule on whether the EEOC subpoena is constitutional and whether Penn must comply by providing the requested information.

The takeaway

This case highlights the delicate balance between a government agency's investigative powers and a university's obligation to protect the privacy and rights of its students and faculty, especially when it comes to sensitive issues of religion and ethnicity. The outcome could set an important precedent for how far federal agencies can go in demanding personal information during discrimination investigations.