Penn Faculty Groups Challenge Federal Demand for Jewish Community Data
Faculty organizations at the University of Pennsylvania have taken legal action to stop a federal agency from obtaining personal information about Jewish professors, staff, and students. They argue this demand threatens constitutional protections and echoes dangerous historical patterns.
The Core of the Dispute
The conflict centers on a subpoena issued by the United States Equal Employment Opportunity Commission. The EEOC wants names, email addresses, phone numbers, and home addresses of Jewish members within the university community. The agency states this information is necessary for investigating antisemitism on campus.
Jewish faculty and staff groups strongly condemn this request. They see it as a direct threat to personal safety and civil liberties. These groups warn that compiling what they call a centralized registry of Jewish individuals violates basic protections of privacy, religion, and free association.
Legal Intervention by Faculty Groups
According to reports, the EEOC sued the University of Pennsylvania in November after the institution refused to fully comply with the subpoena. This week, several faculty and academic organizations filed a motion in federal court in Philadelphia. They are seeking to intervene in the case.
The groups taking this step include:
- The national and University of Pennsylvania chapters of the American Association of University Professors
- The university’s Jewish Law Students Association
- The Association of Senior and Emeritus Faculty
- The American Academy of Jewish Research
Constitutional and Historical Alarm
In court documents, the groups explain that the federal request would force the university to create and hand over a complete list of Jewish students, faculty, and staff. They argue this demand intrudes on rights protected under the First Amendment and could expose individuals to potential harm.
"We are entering territory that should shock every single one of us," said Norm Eisen, co-founder of the Democracy Defenders Fund, during a press call. His organization is representing the faculty groups alongside the American Civil Liberties Union of Pennsylvania and a law firm.
Eisen expressed deep concern that information collected under the subpoena could be misused, regardless of the investigation's stated goal. "This is an abuse of government power that drags us back to some of the darkest chapters in our history," he stated.
Context of Campus Investigations
The University of Pennsylvania is one of many universities facing federal scrutiny following the October 2023 Hamas attacks and the subsequent war in Gaza. Federal agencies launched investigations into allegations of antisemitism on campuses nationwide.
In response, Penn created a task force to examine antisemitism. The university implemented new measures and provided extensive documentation to federal authorities. However, it drew a line at a specific July subpoena.
Why the University Refused
The university refused to comply with the July subpoena seeking personal details about Jewish faculty, students, and staff. This included individuals affiliated with Jewish organizations who had not consented to disclosure. The subpoena also requested the names of people who participated in confidential listening sessions or received surveys from the university’s antisemitism task force.
A university spokesperson said in November that turning over such information would violate trust. It would undermine efforts to ensure Jewish members of the Penn community feel safe.
Instead, the university offered to notify employees about the federal investigation. It invited those who wished to participate to contact the commission directly.
The EEOC's Stance
The EEOC found this alternative approach insufficient. The agency's chair, Andrea Lucas, stated the commission remains committed to investigating workplace antisemitism. She argued it needs direct access to potential witnesses and victims.
Lucas explained that an employer's refusal to identify employees who may have experienced harassment obstructs the agency's ability to conduct a proper investigation.
Fear and Vulnerability on Campus
The federal request has caused significant alarm among Jewish faculty and organizations at the university. It has also drawn criticism from campus Jewish groups like Hillel.
Steven Weitzman, a professor in the religious studies department and a member of the antisemitism task force, said the demand itself has had a chilling effect. "Part of what sets off alarm bells for people like me is a history of people using Jewish lists against Jews," Weitzman noted.
Beth Wenger, a professor of Jewish history at the university, added that Jewish studies scholars are acutely aware of the risks tied to collecting such sensitive data.
Broader Concerns About EEOC Methods
This case is not the first to raise questions about the EEOC's investigative methods. Last year, the commission contacted employees of Barnard College via text message. Recipients were asked to complete a survey that included questions about whether they identified as Jewish or Israeli.
The legal battle at the University of Pennsylvania highlights a fundamental tension. It pits the government's investigative authority against deep-seated concerns about privacy, safety, and the historical misuse of identity-based registries.
