US judge to decide on federal subpoena seeking Jewish group membership data from University of Pennsylvania

A federal judge in the United States is weighing whether the government can compel the University of Pennsylvania to provide information about employees’ affiliations with Jewish organisations as part of an investigation into alleged antisemitism on campus. The case, which has sparked concerns over privacy and religious identification, centers on a subpoena issued by the Equal Employment Opportunity Commission (EEOC) during its probe into whether Jewish faculty and staff at the Ivy League university were subjected to a hostile work environment.

According to a report by the Associated Press, the dispute was argued Tuesday before U.S. District Judge Gerald Pappert during a four-hour hearing in federal court. The judge did not indicate when he would issue a ruling.

Federal investigation into alleged antisemitism

The EEOC launched its investigation after raising concerns that antisemitism may have created an unlawful hostile work environment for Jewish employees at the university. The probe has cited multiple incidents on campus, including antisemitic slurs directed at a Jewish student life center, vandalism involving a Nazi swastika painted on an academic building, and hateful graffiti found outside a fraternity house.

Investigators have also examined campus protests related to the ongoing war in Gaza and the university’s response to those demonstrations.

The agency argues that identifying individuals who may have witnessed or experienced such incidents is critical to assessing whether the environment at the university meets the legal definition of being both objectively and subjectively hostile.

Subpoena seeks sensitive membership details

The EEOC asked a federal court in November to enforce an administrative subpoena issued to the university’s Board of Trustees. The subpoena requests information that could reveal whether employees belong to Jewish organisations, are affiliated with Jewish studies programs at the university, or identify with Jewish heritage or ancestry.

In addition, the agency has requested personal contact details, including home addresses, phone numbers and email addresses.

Penn has objected strongly to the request, describing it as an “extraordinary and unconstitutional demand.” Lawyers representing the university say compiling such lists would effectively require the institution to identify employees by religion or ethnicity.

University cites privacy and historical concerns

The university says it has already cooperated extensively with investigators, turning over roughly 900 pages of documents during more than two years of engagement with the probe.

Penn’s legal team argues that the requested information could violate employees’ privacy and safety. The university also warned that compiling lists identifying Jewish individuals echoes troubling historical practices targeting Jewish communities.

As an alternative, Penn offered to notify all employees about the investigation and provide instructions on how to contact the EEOC directly if they wished to participate. According to the university, the agency rejected that proposal last fall.

Civil liberties groups raise alarm

Civil liberties advocates have also expressed concerns about the subpoena. Vic Walczak, an attorney with the American Civil Liberties Union representing several faculty organisations involved in the case, said the groups support investigating antisemitism but oppose the method being used.

He argued that forcing the university to create lists of people associated with Jewish organisations and handing over personal data could set a dangerous precedent.

For now, the dispute rests with Judge Pappert, whose decision could determine how far federal investigators can go in seeking sensitive information during workplace discrimination probes.
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