UPenn must comply with federal subpoena seeking list of Jewish community members, judge rules

UPenn Must Comply with Federal Subpoena for Jewish Community List, Judge Rules

A Philadelphia federal judge has ruled that the University of Pennsylvania must comply with a subpoena from the Equal Employment Opportunity Commission (EEOC), which sought a list of Jewish community members on campus. The request, part of an effort to address antisemitism, was issued in late 2025 and had been contested by the university. The court battle, which spanned over a month, highlighted concerns from within Penn’s Jewish community about the government’s demand for personal details, including names, phone numbers, and mailing addresses.

Subpoena Sparks Privacy Concerns

The EEOC’s subpoena, described as a “garden variety” investigative tool, targeted specific groups and individuals related to Jewish identity. While the university argued that compiling such a list could infringe on privacy and First Amendment rights, the judge found the request constitutionally valid. In his 32-page opinion, US District Judge Gerald Pappert dismissed comparisons to the Holocaust or Nazi Germany, calling them “unfortunate and inappropriate.”

“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,” Pappert wrote.

Penn’s spokesperson stated the university would appeal the decision, emphasizing that creating religious employee lists and sharing personal contact details raises significant concerns. “We do not maintain employee lists by religion,” the statement noted. The EEOC, however, referred CNN to the judge’s opinion for further details.

Context and Scope of the Subpoena

The subpoena emerged amid heightened scrutiny of antisemitism on campus, following intense protests against Israel’s response to the October 7 Hamas attacks. The university formed a Task Force on Antisemitism to address these concerns, but the EEOC remained unsatisfied. The initial request included lists of Jewish-related clubs, organizations, and employees in the Jewish Studies Program, as well as staff involved in confidential “listening sessions” on the issue.

Amanda Shanor, a Wharton professor and attorney representing affected individuals, explained that the EEOC aimed to identify Jewish employees. “The government has been clear that what they’re looking for is essentially a list of Jewish employees,” she said. The EEOC’s attorney, Debra Lawrence, defended the subpoena during oral arguments on March 10, dismissing privacy worries as “political rhetoric.”

“I can’t imagine anything more relevant in a hostile work environment case than gathering the folks subjected to that environment and finding what went on,” Lawrence remarked in a hearing transcript obtained by CNN.

While the judge upheld the subpoena, he imposed a limit: Penn need not disclose affiliations with Jewish organizations like Penn Hillel, nor provide details about partner groups not directly managed by the university. Jewish historian and professor Beth Wenger expressed disappointment with the ruling, voicing concerns about the government’s access to personal information. “On a fundamental level, I am concerned about the government being allowed to gather the personal information of Jews – or any other group,” she said in a recent interview.