Penn to Release Employee Information in Discrimination Investigation

A federal judge has ordered the University of Pennsylvania to release records concerning its Jewish employees as part of an investigation into alleged 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 stated that while employees are not obligated 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 organization.

Compliance Deadline and University Response

The university has been given a deadline of May 1 to fully comply with the order. A Penn spokesperson affirmed the school’s commitment to combating antisemitism and all forms of discrimination, stating they have “taken multiple steps to prevent and address these despicable events.” However, Penn intends to appeal the judge’s decision.

Concerns Over Employee Lists and First Amendment Rights

In a statement, the university expressed concerns about privacy and First Amendment rights. “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,” the statement read.

Context of the Investigation

According to a former federal official, requesting identities of employees of a particular religion is a standard practice in employment discrimination investigations to facilitate outreach to potential victims. The EEOC investigation was initiated following a series of antisemitic incidents on campus, including vandalism and hateful graffiti, as well as concerns related to protests over the war in Gaza and Penn’s response.

Judge Addresses Comparisons to the Holocaust

Judge Pappert criticized the university and others involved in the litigation for drawing comparisons between the EEOC’s efforts and the Nazi compilation of “lists of Jews,” deeming such comparisons “unfortunate and inappropriate.” He noted that the EEOC is no longer seeking information about employees’ specific affiliations with Jewish organizations.

Exemptions for Jewish Organizations

The subpoena was modified to exempt information related to three Jewish organizations – MEOR, Penn Hillel, and Chabad Lubavitch House. 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.

EEOC Findings and Investigation Focus

The EEOC has asserted that Penn’s “workplace is replete with antisemitism” and believes identifying witnesses and victims is crucial to determining whether the work environment is hostile. The investigation is ongoing and focuses on the overall climate at the university.