University of Pennsylvania rebuffs EEOC demand for employee records
Summary
The University of Pennsylvania has objected to an EEOC subpoena seeking detailed employee records as part of an investigation into whether Jewish employees face a hostile work environment. Penn says it has already provided roughly 900 pages of material — including complaints and anonymised summaries — but refuses to compile lists that would identify employees by Jewish faith, ancestry or membership in Jewish organisations, citing safety and historical concerns.
Key Points
- Penn supplied nearly 900 pages of documents to the EEOC but declined to produce lists that would reveal employees’ Jewish faith, organisational membership or personal contact information.
- EEOC sought names of complainants, membership rosters of Jewish campus groups, staff in the Jewish Studies programme, participants in anonymous listening sessions and de-anonymised survey responses.
- Penn argues disclosure risks employee safety and repeats historical harms when governments compiled lists of Jews; it offered alternatives like notifying employees about EEOC outreach and sharing anonymised analyses.
- EEOC says it needs contact details of “likely victims and witnesses” and moved to enforce the subpoena, arguing Penn’s proposals would stall the probe and enable the university to act as a filter for participants.
- Several academic and campus groups (e.g. AAUP and scholarly organisations) filed to oppose the subpoena, warning that compiling lists or home addresses by religious affiliation is an invasion of privacy and potentially chilling.
- Similar probes and record requests have targeted other universities; compliance at other systems has sparked lawsuits and backlash, highlighting the wider stakes for higher education institutions.
Content summary
The dispute stems from an EEOC investigation opened in December 2023 into alleged harassment of Jewish employees. Although a commissioner alleged a “pattern or practice” of harassment, Penn contends the agency has not made a specific allegation against the university and that its demand is based on unspecified reports and student claims.
Penn says it provided complaints of antisemitism, a public directory of Jewish Studies staff, a list of Jewish organisations, and an anonymised analysis of task-force listening sessions and surveys. The university proposed sending a notice to all employees with EEOC contact information so individuals could contact the agency directly, which Penn says removes any need to compile targeted rosters.
The EEOC insists it must obtain direct contact details to identify victims and witnesses and moved to enforce its subpoena shortly after Penn made its proposal. The legal fight now centres on balancing investigatory needs with privacy, safety and free-association concerns, with intervenors urging the court to accept Penn’s less invasive alternatives.
Context and relevance
This is a high-profile clash between a federal civil-rights agency and a major university over data collection, privacy and safety. For HR, legal and higher-education audiences, the case underscores tensions between regulatory enforcement and employee privacy protections — especially when requests target people by religion or ancestry. The outcome could set precedents for how campuses respond to agency subpoenas, how anonymised data is treated, and what constitutes reasonable investigatory methods when sensitive affiliations are involved.
Author style
Punchy: This story matters. It sums up a brewing legal test for universities on how far regulators can require institutions to identify individuals tied to sensitive faith-based groups. If you manage compliance, HR or campus policy, the court’s ruling could change how you answer subpoenas and protect staff privacy.
Why should I read this?
Short version: if you work in HR, compliance or run university policy, this is one to skim now and read properly later. It explains a legal fight that could change how institutions handle subpoenas asking for lists of staff by religion — think privacy risks, safety concerns and precedent-setting enforcement. We read the filings so you don’t have to.
Source
Source: https://www.hrdive.com/news/university-pennsylvania-eeoc-demand-employee-records/810252/