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Penn Appeals EEOC Subpoena Ruling, Seeks Stay on Jewish-Community Employee Lists

The case tests the EEOC’s subpoena power against claims of religious privacy.

Overview

  • Penn has filed an appeal and asked the court to pause enforcement of an order that compels it to give the EEOC names and contact details for employees tied to campus Jewish groups.
  • U.S. District Judge Gerald J. Pappert ruled on March 31 that the EEOC’s subpoena is enforceable, finding the requests relevant to an antisemitism probe while carving out limits to reduce exposure of specific affiliations.
  • The order requires Penn to turn over contact information for potential victims and witnesses but not identify which groups they belong to, and it exempts three organizations: MEOR, Penn Hillel, and the Chabad Lubavitch House.
  • Penn argues the subpoena would force the university to identify employees by religion, violating privacy and First Amendment rights, and says a court-approved stay is needed to avoid irreparable harm after the judge rejected its proposal for a campus-wide notice instead.
  • In upholding the subpoena, the judge cited Supreme Court and circuit precedent that grants the EEOC broad evidence-gathering power, a stance that could shape future campus investigations and how Jewish staff are contacted in ongoing antisemitism inquiries.