A burgeoning legal battle between the University of Pennsylvania and the Equal Employment Opportunity Commission escalated last week when the Ivy League university called the agency’s methods of investigating whether the school permitted an antisemitic work environment “extraordinary and unconstitutional.” 

The EEOC subpoenaed the university to turn over lists of Jewish employees and members of Jewish organizations, along with detailed identifying and contact information, saying the information is needed for the agency to contact potential victims of antisemitic discrimination. The university’s president and trustees — with the support of Jewish campus organizations Hillel, Chabad and Meor, as well as the Jewish Federation of Greater Philadelphia — refused to do so. 

Handing over those names would disregard “the frightening and well-documented history of governmental entities that undertook efforts to identify and assemble information regarding persons of Jewish ancestry,” the university asserted in a legal filing last Tuesday. 

What may appear to be an arcane legal issue illuminates the tension at the heart of the Trump administration’s aggressive approach to combating campus antisemitism, with even some of the victims of that discrimination concerned that the methods of countering it have gone too far. While the EEOC said it is committed to doing whatever it can to investigate antisemitism among faculty and staff of the elite university, Jewish faculty and students see something worrisome.

“We are deeply concerned that the EEOC is now seeking lists of individuals identified as Jewish, including their personal home addresses, phone numbers, and private emails, based solely on their affiliation with Jewish organizations on campus — and without their consent,” Hillel and Meor wrote in a social media post in November. “Across history, the compelled cataloging of Jews has been a source of profound danger, and collection of Jews’ private information carries echoes of the very patterns that made Jewish communities vulnerable for centuries.” 

Why does the EEOC, which examines complaints of discrimination and civil rights violations at American workplaces, want Penn to provide the lists of Jewish university affiliates? And why are Jewish faculty members — including some who support the federal government’s efforts to investigate antisemitism at their place of work — urging their employer not to comply? 

The dispute dates back to December 2023, when the EEOC pledged to investigate whether Jewish employees at Penn had been subjected “to an unlawful hostile work environment.” 

The inquiry was opened the same week that then-Penn President Liz Magill testified before Congress about her handling of antisemitism at the Philadelphia university in the weeks that followed the Oct. 7, 2023, terror attacks in Israel. The investigation continued quietly for nearly two years, overseen by EEOC Commissioner Andrea Lucas, who last year was appointed chair of the agency by President Donald Trump. 

It spilled into public view in November when the EEOC filed suit against Penn, seeking to force the university to finally compile and hand over the lists of Jewish faculty members and students that the EEOC said are crucial to its investigation. 

The sought-after lists would include the members of all Jewish clubs and student groups, the names of everyone who participated in confidential university listening sessions about antisemitism, faculty members who were criticized and doxxed in a social media post from an anti-Israel student group and all employees and faculty of the Jewish studies program. Karen McDonough, deputy director of the EEOC’s Philadelphia office, said in a legal filing that the university’s refusal to turn over the lists has “severely hampered” the investigation. 

Penn disagrees. The university called the demand “not only disconcerting but entirely unnecessary,” pledging instead that it would send a message to all university employees telling them how to get in touch with the EEOC to share instances of antisemitism they experienced or witnessed. The university said it has “cooperated extensively” with the agency by turning over more than 100 documents. 

A more typical investigation might involve agency officials interviewing people who issued complaints directly with the agency, then visiting the campus and publicizing their investigation, according to Samuel Bagenstos, a law professor at the University of Michigan with expertise in employment law. 

“If there are those claims that should be followed up, they should definitely be followed up, and they should be followed up according to usual investigative practices and not this dragnet of, ‘Let’s compile a list of all the Jews at Penn,’” Bagenstos told Jewish Insider last week. “It’s an incredibly unusual, if not completely unprecedented, request. It’s not tailored at all to any particular allegations of discrimination.” 

An EEOC spokesperson did not respond to a request for comment. 

The agency appeared to follow a similar playbook last year when it investigated antisemitism among staff at Columbia University and the affiliated Barnard College. Employees from both institutions received text messages from the EEOC on their personal phones asking them to fill out a survey identifying whether they are Jewish or Israeli, and if they have faced antisemitic harassment. 

In that case, university officials had agreed to hand over employee data. Columbia’s associate general counsel and deputy general counsel told the Columbia Daily Spectator, the student newspaper, that the university complied with a subpoena to share employee information with the EEOC. But because the dispute ended in July with a settlement — and not with legal action — the EEOC’s methods of information-gathering at Columbia and Barnard never became public. (Columbia agreed to pay $21 million to resolve antisemitism charges.)

The Penn faculty members and employees opposed to the efforts by the federal government to obtain the controversial lists are not saying that the university is free from antisemitism. The Penn Faculty Alliance to Combat Antisemitism, which formed after Oct. 7 in response to rising anti-Jewish antagonism on campus, filed a brief supporting the university, and its members said that while they want to see the EEOC’s efforts to combat antisemitism at Penn continue, they oppose the methods being used by the agency.

“While the Alliance supports the EEOC’s efforts to combat antisemitism at Penn, its members are gravely concerned that the scope of the EEOC subpoena, which effectively seeks full lists of Jewish individuals at Penn and their personal information, invokes the troubling historical persecution of Jews, and threatens the personal security of the Alliance’s members,” the group wrote in a legal filing last week. 

As the case moves forward in federal court, Penn and the EEOC are poised to test the boundaries of how far a civil rights investigation can go in the name of protecting a vulnerable group.