The University of Pennsylvania has formally contested a subpoena issued by the Equal Employment Opportunity Commission (EEOC) that demands detailed information about Jewish faculty, staff, and students. The university’s legal response, filed on June 5, 2023, describes the request as “unconstitutional” and “unnecessary,” emphasizing privacy concerns for the individuals involved.
The EEOC’s subpoena, initially issued in July 2022, sought not only a list of all Jewish and Jewish-affiliated organizations on campus but also a roster including personal contact information of their members. This action is part of an ongoing investigation into allegations of antisemitic harassment at the university.
In its court filing, the University of Pennsylvania stated, “The EEOC insists that Penn produce this information without the consent—and indeed, over the objections—of the employees impacted while entirely disregarding the frightening and well-documented history of governmental entities that undertook efforts to identify and assemble information regarding persons of Jewish ancestry.” The university argued that the demand infringes upon the First Amendment rights related to privacy and safety.
The university’s stance has garnered support from prominent figures within its Jewish community, including Rabbi Rick Fox, executive director of MEOR Penn, Rabbi Gabriel F. Greenberg, executive director of Penn Hillel, and Rabbi Menachem Schmidt, co-executive director of Chabad at Penn. Their backing reinforces the university’s assertion regarding the potentially harmful implications of the EEOC’s request.
Legal and Community Reactions
The American Civil Liberties Union (ACLU) of Pennsylvania has also stepped into the fray, joining a coalition of Jewish students and scholars in filing a motion to intervene in the case on January 13, 2023. This coalition includes the American Academy of Jewish Research and the Jewish Law Students Association of the University of Pennsylvania Carey Law School.
In their court filing, the intervening groups expressed concern that the requests would effectively require the university to compile a centralized registry of Jewish individuals, labeling the demand as “profoundly invasive and dangerous.” They noted that such actions risk violating fundamental freedoms, including those of association, religion, speech, and privacy.
The American Association of University Professors has publicly endorsed the university’s position, asserting that the demand to generate lists of Jewish individuals—especially those involved in political causes opposed by the government—evokes a disturbing history of antisemitism. They emphasized that such compelled disclosures could be perceived as a threat to the safety of those identified.
Implications for Campus Freedom and Safety
The University of Pennsylvania’s legal challenge highlights the complex interplay between institutional responsibility and individual rights in the context of civil rights investigations. As the case unfolds, it raises critical questions regarding the balance between safeguarding community members and addressing allegations of discrimination and harassment.
The university’s filing and the responses from community organizations underscore a collective anxiety about the implications of government scrutiny on personal identities. The potential for creating lists based on religious affiliation resonates deeply within communities sensitive to historical injustices.
The outcome of this legal battle may have lasting implications not only for the University of Pennsylvania but also for universities nationwide as they navigate the challenges of upholding civil rights while protecting the privacy and safety of their constituents.
As the situation develops, the university remains committed to defending the rights and privacy of its Jewish community, asserting that such demands run contrary to both ethical standards and legal protections.
