Trump administration drops its subpoena seeking names of Jewish people at Penn

PHILADELPHIA — The Trump administration has agreed to drop its subpoena ordering the University of Pennsylvania to release the names of Jewish people on its campus, marking what seems to be a victory in the Ivy League school’s battles with the federal government.

The Equal Employment Opportunity Commission has said “it will not take any further measures to enforce the subpoena seeking identification and personal contact information of employees,” according to a resolution agreement filed Thursday in the U.S. Court of Appeals for the 3rd Circuit. The agency also agreed not to seek the information through other means, according to the agreement.

The commission had been requesting the information to further its investigation into antisemitism complaints on Penn’s campus.

The EEOC initially won the court’s approval to enforce the subpoena, but Penn appealed the decision. Penn said it has agreed to drop its appeal and, according to the resolution, the school agreed not to ask that the district court’s opinion in the case be vacated.

It was not clear what caused the federal agency to change course or the status of the commission’s antisemitism investigation. An EEOC spokesperson said: “We will decline to add anything beyond court filings.”

Penn released a statement. “With the support of many members of the community who have stood with Penn throughout, the university has been able to protect its employees’ rights and none of the subpoenaed personal contact information was disclosed,” a university spokesperson said. “Penn remains committed to fighting antisemitism and all other forms of discrimination, to ensure everyone it serves can learn, work, and thrive.”

The move brings the monthslong battle between the federal agency and the Ivy League university over the subpoena to a close.

The EEOC’s decision to subpoena the information drew widespread criticism from faculty and others, on and off the campus. Among those that opposed the subpoena was the Penn chapter of the American Association of University Professors.

“This victory shows that universities should not capitulate to unjust and unconstitutional demands from the Trump administration,” said Lorena Grundy, vice president of AAUP-Penn. “AAUP-Penn will continue to defend the rights of all communities at Penn, and we look forward to continuing to grow the coalition that has grown out of this effort.”

The Anti-Defamation League Philadelphia, which has supported the EEOC’s effort to address antisemitism at Penn and has been critical of college campuses’ handling of antisemitism complaints, said it was pleased the EEOC was not pursuing the subpoena.

“As we’ve said, demanding lists of Jewish employees and campus organizations is a different matter, one with a troubling history we cannot ignore,” said Andrew Goretsky, senior regional director. “We’re pleased the EEOC has apparently agreed not to pursue its requests for sensitive information and that information was not disclosed. We’ll continue working with our partners to support Jewish students, staff, and faculty at Penn.”

Roy Hamilton, faculty senate chair, said he was “heartened to see that this matter has been resolved in a way that protects the privacy of Penn employees while allowing the university to move forward.

“Our shared focus remains on fostering a community where all members are treated with dignity, respect, and fairness.”

Penn has faced other pressure from the federal government. Last summer, the school struck an agreement with the Trump administration over the participation of transgender athlete Lia Thomas on the women’s swim team. The school met a number of the White House’s demands, including adhering to the Trump administration’s definitions of sex, female, male, women, and men, and sending letters of apology to female athletes who felt aggrieved by Thomas’ participation on their team during the 2021-22 season.

Penn pointed out at the time that the agreement was restricted to athletics and did not affect other university operations.

The EEOC last year — as part of its quest to find people potentially affected by antisemitism concerns at Penn, officials said — demanded a list of employees in Penn’s Jewish Studies Program, a list of all clubs, groups, organizations, and recreation groups related to the Jewish religion, including points of contact and a roster of members, and names of employees who lodged antisemitism complaints.

The original complaint was launched by EEOC Commissioner Andrea Lucas, now chair of the body, on Dec. 8, 2023, two months after Hamas’ attack on Israel that led to unrest on college campuses, including Penn, and charges of antisemitism. It was also just three days after Penn’s then-president, Liz Magill, had testified before a Republican-led congressional committee on the school’s handling of antisemitism complaints; the testimony drew a bipartisan backlash and led to Magill’s resignation days later.

The commission sued Penn in November for failing to turn over the information sought in the subpoena.

Judge Gerald J. Pappert ruled in March that Penn must comply with the subpoena, signaling a major loss for the university in its fight to keep employees’ and students’ personal information from the federal government. In his 32-page ruling, Pappert largely dismissed arguments from Penn and others who intervened on the school’s behalf that releasing the information sought by the commission would put employees at risk, create an undue burden on the school, and cause employees to disaffiliate from such groups.

Pappert had ruled the school had to provide the information to the EEOC, though it did not have to state which particular organization each person is affiliated with.

Penn sought a stay of the order and said it would be “irreparably harmed” if it had to comply before the school had a chance to appeal.

Pappert in April granted Penn a stay while the appeal proceeded. But Pappert at that time also underscored the school’s unlikely success in an appeal.

“The charge of discrimination is valid, the EEOC’s subpoena seeks information relevant to the charge and the subpoena does not unduly burden Penn,” he wrote. “The subpoena also does not violate substantive due process or the First Amendment.”

Penn has said it provided information to the EEOC in cases where employees consented but steadfastly refused in others.

“Violating their privacy and trust is antithetical to ensuring Penn’s Jewish community feels protected and safe,” Penn said when the EEOC filed the suit.

The school offered to help the EEOC reach employees who were willing to speak with the agency by informing all employees of the investigation and how they could reach the agency.

Jon Fansmith, senior vice president for government relations and national engagement at the American Council on Education, said the resolution “reinforces the merits of Penn standing up to something that was clearly inappropriate and excessive from the start.”

The government alleged wrongdoing and then tried to find the evidence to prove it in part by issuing the subpoena.

“This is clearly an abuse by the government of their authority,” Fansmith said.

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