This story is developing and will continue to be updated.
Penn filed a brief on Tuesday challenging an Equal Employment Opportunity Commission subpoena requesting information about Jewish students, faculty, and campus groups.
The Jan. 20 filing echoed previous arguments made by Penn, stating the University has complied with the agency’s demands, but is unwilling to submit personal information without the consent of the affected parties. The brief described the EEOC’s demands as “disconcerting but also entirely unnecessary,” arguing that disclosing personal information would “erode trust between Penn and its employees and the broader Jewish community at Penn.”
In response to a request for comment, a University spokesperson told The Daily Pennsylvanian that the filing is “comprehensive and speaks for itself.”
A request was left with the EEOC.
“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,” Penn wrote in the brief.
The filing argued that if the information requested by the EEOC — which includes home addresses and personal phone numbers — were somehow leaked, the individuals on the lists “could face real risk of antisemitic harm.” It added that “anti-Jewish hate and violence are serious threats to Jews” in the United States today, citing the 2018 shooting at the Tree of Life synagogue in Pittsburgh, Pa. and the firebombing of Pennsylvania Gov. Josh Shapiro’s home in April 2025.
The document added that “the government’s demand implicates Penn’s substantial interest in protecting its employees’ privacy, safety, and First Amendment rights.”
The University also wrote that its “comprehensive offer” to notify employees of the EEOC’s investigation “eliminates any possible justification” for the EEOC's request.
“Penn has offered to send notices to all of its employees informing them of the agency’s desire to hear about any experiences of antisemitism, together with instructions about how to contact the EEOC directly,” the document read.
According to the brief, the approach taken by the EEOC, “asserts a hostile work environment for Jewish employees” when the University already provided the agency with “far less intrusive” means to “pursue its asserted objective.”
The filing also noted that the EEOC’s charge of an “unlawful hostile work environment” at Penn did not refer to any particular allegation or incident. The University wrote that it “immediately sought" more specific information to address the agency's concerns, but that the EEOC “refused” to provide those details.
“If any party ‘delayed’ this investigation, it was the agency,” the brief read.
“Although purportedly in service of Penn’s Jewish employees, the EEOC’s demands have engendered fear and opposition across Penn’s Jewish community,” the filing's introduction concluded. “The EEOC’s application fails the standards for judicial enforcement several times over and should be denied.”
The EEOC issued the initial subpoena in July 2025 during an ongoing investigation into Penn, requiring the University provide a list of received antisemitism complaints, names of members of Jewish-related campus groups, and Jewish Studies Program employees. In November 2025, the EEOC filed a lawsuit alleging that Penn failed to comply with the agency’s requirements.
At the time, a University spokesperson told the DP that Penn “cooperated extensively” with the EEOC but that the University would not provide “personal and confidential” information of students and employees without their consent. Earlier this month, a judge set a Jan. 20 deadline for Penn to file a brief explaining why the EEOC’s subpoena should not be enforced.
Hundreds of members of the Penn community signed a petition criticizing the EEOC subpoena in November 2025. Faculty and student groups highlighted concerns about the historical connotations of collecting personal information as well as the precedent the action would create.
The University's filing was accompanied by supporting declarations from multiple Penn affiliates, including MEOR Penn Executive Director Rabbi Rick Fox, Penn Hillel Executive Director Rabbi Gabriel Greenberg, and Vice Provost for University Life Hikaru Kozuma.
Co-Executive Director of Penn’s Chabad House Rabbi Menachem Schmidt and Sarah Estey — the program and case manager for Penn’s Office of Religious and Ethnic Interests — also filed supporting declarations.
On Jan. 14, several Penn-affiliated groups motioned to intervene as defendants in the lawsuit. The EEOC has until Jan. 27 to file a brief in response.
Staff reporter Lavanya Mani covers legal affairs and can be reached at lavmani@sas.upenn.edu. At Penn, she studies English. Follow her on X @lavanyamani_.
Senior reporter Alex Dash leads coverage of politics and can be reached at dash@thedp.com. At Penn, he studies history and political science. Follow him on X @AlexBDash.
