Penn Must Release Employee Information in Discrimination Investigation

A federal judge has ordered the University of Pennsylvania (Penn) to turn over records concerning its Jewish employees as part of an investigation into antisemitic discrimination on campus. The ruling came on Wednesday, April 1, 2026, and requires the university to comply with a subpoena from the U.S. Equal Employment Opportunity Commission (EEOC).

Judge's Ruling and Employee Privacy

U.S. District Judge Gerald Pappert ruled that while employees can refuse to participate in the EEOC investigation, the agency “needs the opportunity to talk to them directly to learn if they have evidence of discrimination.” The judge largely upheld the administrative subpoena but clarified that Penn is not required to disclose any employee’s affiliation with a specific Jewish-related organization.

Exemptions to the Subpoena

Judge Pappert specifically exempted information related to three Jewish organizations – MEOR, Penn Hillel, and Chabad Lubavitch House – from the subpoena. Executive directors of these groups had argued in court filings that they are legally and financially independent from the university. Rabbi Menachem Schmidt of Chabad at Penn emphasized the importance of protecting the privacy of individuals utilizing their services.

University Response and Planned Appeal

A university spokesperson stated that Penn is “committed to confronting antisemitism and all forms of discrimination” and has “taken multiple steps to prevent and address these despicable events.” However, the university plans to appeal the judge’s decision.

Concerns Regarding Employee Lists

Penn’s statement expressed concern that requiring the creation of lists of Jewish faculty and staff, along with their personal contact information, raises “serious privacy and First Amendment concerns.” The university also noted that it does not maintain employee lists categorized by religion.

Context of the Investigation

The EEOC investigation was initiated following a series of antisemitic incidents on campus, including antisemitic slurs, property damage at a Jewish student life center, and the appearance of a Nazi swastika on an academic building. The investigation also encompasses actions related to protests concerning the war in Gaza and Penn’s response to these events.

EEOC's Claims and Justification

According to a November filing, the EEOC alleges that Penn’s “workplace is replete with antisemitism.” The agency argued that identifying individuals who have witnessed or experienced the hostile environment is “essential for determining whether the work environment was both objectively and subjectively hostile.”

Judge's Rebuke of Comparisons to the Holocaust

Judge Pappert criticized Penn and other parties involved in the litigation for “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 deemed these comparisons “unfortunate and inappropriate.” The judge also noted that the EEOC no longer seeks information on employees’ affiliations with specific Jewish organizations.

The deadline for Penn to comply with the ruling is May 1.