At Hearing, Attorneys for UPenn Jewish-Affiliated Groups Warn EEOC Subpoena Will Chill a Long List of Constitutional Freedoms

PHILADELPHIA — Today, intervening legal counsel representing five organizations affiliated with the University of Pennsylvania argued before District Judge Gerald Pappert against a subpoena issued by the U.S. Equal Employment Opportunity Commission (EEOC). The subpoena seeks membership rosters of Penn’s Jewish Studies Program and Jewish-affiliated campus organizations, as well as personal contact information and addresses of Jewish members.

Attorneys warned that the subpoena’s impact would extend beyond Penn’s Jewish community, affecting all employees by chilling numerous freedoms across campus. They argued that if Penn were to comply, it would instill widespread fear that associating with certain organizations or discussing sensitive topics could lead to government surveillance and the public disclosure of private information, including individuals’ physical locations—potentially making them targets.

In January, the ACLU of Pennsylvania, Democracy Defenders Fund, and Hangley Aronchick Segal Pudlin intervened in EEOC v. The University of Pennsylvania on behalf of The American Association of University Professors (AAUP), The University of Pennsylvania chapter of the AAUP (AAUP-Penn), The Jewish Law Students Association of the University of Pennsylvania Carey Law School (JLSA), The American Academy of Jewish Research (AAJR), and Penn Association of Senior and Emeritus Faculty (PASEF) to ensure that the interests and voices of those most impacted were heard and fought for.

“We were proud to present the voices of Jewish staff at Penn, who spoke of real fear about their names, associations and contact information being shared with the government. Hopefully the court will take that into account when deciding whether there might be a less intrusive and scary way for the EEOC to conduct its investigation,” said Witold Walczak, legal director of the ACLU of Pennsylvania.

“The government cannot be permitted to trample the most basic rights of free expression and religious liberty by compiling lists of Jewish people and their affiliations across the campus community,” said Amb. Norm Eisen (ret), executive chair of Democracy Defenders Fund. “Any attempt to wield government power this way is profoundly alarming and would set a dangerous precedent reaching far beyond this university. History has taught us that lesson and we should learn it well."

“Our clients – students, faculty, and staff at the University of Pennsylvania – fear that disclosure of their religious identity and affiliation and other personal information, puts them at risk. We hope the court will recognize that the way the EEOC is pursuing its investigation will chill the exercise of their constitutional rights. We are proud to represent our clients and assist in this effort,” said Matthew A. Hamermesh, attorney at Hangley Aronchick Segal Pudlin & Schiller.

The lawsuit filed on July 23, 2025, was brought by the U.S. Equal Employment Opportunity Commission (EEOC), which issued a subpoena to the Trustees of the University of Pennsylvania (UPenn). On November 18, after UPenn refused to turn over the requested information, the EEOC sued UPenn, asking a judge to enforce the subpoena.

More information can be found at aclupa.org/EEOC_Penn.