In a new filing Monday, the United States Equal Employment Opportunity Commission doubled down on claims that Penn “impeded” the agency's investigation into allegations of campus antisemitism.
The Jan. 26 brief comes almost a week after Penn asserted that the EEOC’s subpoena seeking information about Jewish students and faculty was “unconstitutional” and should not be enforced. In the filing, the agency called Penn’s concerns “disingenuous” and argued that the University staged a negative public relations campaign in response to EEOC requests.
Requests for comment were left with the University and the EEOC.
“The outcome here should be clear cut: the information sought is relevant to investigating a valid EEOC charge and the subpoena therefore must be enforced,” the EEOC wrote. “Any other outcome would represent a radical departure from longstanding, binding caselaw and constitute clear error.”
The agency described its subpoena as “no different” from other requests for information in previous investigations.
“Courts routinely enforce EEOC’s subpoenas, including to obtain information necessary to communicate directly with victims and witnesses, as central to the agency’s ability to efficiently and effectively investigate and root out unlawful discrimination,” the brief read.
The EEOC also accused Penn of participating in “an intensive and relentless public relations campaign” against the agency. According to the filing, Penn’s arguments “forecast highly speculative and deeply nefarious outcomes should the EEOC’s subpoena be enforced.”
While describing Penn’s “dark prognosticating,” the agency cited reporting by “national, local, and campus outlets” — including by The Daily Pennsylvanian.
Over 150 Penn Jewish faculty file brief in support of University response to antisemitism lawsuit
Penn files response to federal antisemitism lawsuit, calls government demands ‘disconcerting’
Penn's latest filing stated that the University complied with the agency’s demands, but remains unwilling to submit personal information without the consent of the affected parties. Penn described the EEOC’s demands as “disconcerting but also entirely unnecessary,” arguing that disclosing private details would “erode trust between Penn and its employees and the broader Jewish community at Penn.”
Last week, over 150 Jewish faculty members at Penn submitted an amicus brief urging the Court to deny the EEOC’s request that the University be required to prove why the subpoena should not be enforced.
On Jan. 14, five Penn affiliates filed a motion to intervene as defendants in the lawsuit. On Jan. 20, the affiliates also submitted a response to the EEOC’s motion to show cause, arguing that the agency’s request “does not meet the requirements for judicial enforcement.”
The EEOC countered Penn’s argument that the information requested by the agency is unnecessary.
“EEOC’s application makes clear that victims of and witnesses to a hostile work environment are relevant to a charge alleging such,” the agency wrote. “These requests were tailored to identify individuals with knowledge of the alleged environment, without a focus on an individual’s particular organizational affiliation.”
The agency similarly challenged Penn’s concerns over the security of the investigation, citing the University’s “own recent security breaches of personal information.”
In October 2025, Penn experienced a cybersecurity breach after a series of mass emails were sent to students, faculty, alumni, and parents from accounts linked to the Graduate School of Education.
Referring to Penn's hack — and the resulting class action lawsuit — the EEOC wrote that "concerns about the security of EEOC’s IT systems are disingenuous.” The agency also argued that the University failed “to acknowledge that strict statutory confidentiality requirements impose criminal penalties on agency staff.”
The EEOC initially issued its subpoena in July 2025 amid an ongoing investigation into alleged antisemitism at Penn. The subpoena requested a list of antisemitism complaints Penn had received, as well as information about Jewish campus groups and faculty members in the Jewish Studies Program. In November 2025, the EEOC sued Penn for allegedly failing to comply with the subpoena.
Penn filed its brief arguing that the EEOC subpoena should not be enforced on Jan. 20. The EEOC’s response comes one day before the Jan. 27 deadline set by a judge.
Over 150 Penn Jewish faculty file brief in support of University response to antisemitism lawsuit
Penn files response to federal antisemitism lawsuit, calls government demands ‘disconcerting’
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.
