Antisemitic Harassment In Higher Education
EEOC Asks Federal Court to Enforce Subpoena in Antisemitism Probe at University of Pennsylvania
Background
The U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against the Trustees of the University of Pennsylvania to enforce a subpoena issued during an ongoing investigation into alleged antisemitic harassment on campus.
The investigation stems from a Commissioner’s charge filed in December 2023, alleging that the university allowed antisemitic harassment to persist and escalate, creating a hostile work environment for Jewish faculty and staff at its Philadelphia campus.
Incident Details
The Commissioner’s charge alleges that the University of Pennsylvania:
- Subjected Jewish faculty and staff to antisemitic harassment in multiple workplace settings across the campus.
- Failed to effectively respond to complaints of antisemitic conduct.
- Did not take prompt and adequate steps to stop the harassment, allowing it to escalate over time.
As part of its investigation, the EEOC served a subpoena on the university. The subpoena requested, among other items, the identification and contact information of:
- Witnesses to alleged antisemitic harassment.
- Individuals who may have been victims of such harassment.
The EEOC asserts that this information is necessary to interview impacted employees and determine whether federal anti-discrimination laws were violated. The agency filed a subpoena enforcement action after the university did not fully comply with these requests.
Legal Background
The investigation and enforcement action are grounded in Title VII of the Civil Rights Act of 1964, which:
- Prohibits employers from discriminating against employees based on religion, including antisemitism.
- Forbids harassment that creates a hostile work environment because of an employee’s religion or perceived religion.
The EEOC is authorized to investigate charges of discrimination and may issue subpoenas to gather documents and information relevant to those investigations. When an employer does not comply with a subpoena, the EEOC may seek a court order compelling compliance.
The enforcement action, EEOC v. Trustees of the University of Pennsylvania, Case No. 2:25-cv-06502, was filed in the U.S. District Court for the Eastern District of Pennsylvania.
The University of Pennsylvania is a major academic institution and Philadelphia’s largest employer, meaning the outcome of this matter may have broad implications for compliance expectations in higher education and large public-facing workplaces.
Relief Sought
Because this is a subpoena enforcement action—not a discrimination damages case at this stage—the EEOC is asking the court to:
- Order the university to comply with the subpoena in full.
- Compel production of information identifying potential witnesses and victims of antisemitic harassment.
- Require cooperation with the agency’s ongoing investigation into the hostile work environment allegations.
No monetary settlement or damages have been awarded or resolved at this stage; the focus is on securing access to information needed to complete the investigation.
Key Takeaways
- Subpoena compliance is mandatory in EEOC investigations
When employers do not voluntarily provide requested information, the EEOC can and does seek federal court enforcement. - Religious-based harassment, including antisemitism, is prohibited under Title VII
Employers must address complaints promptly and cannot allow hostile work environments to develop or persist. - Large institutions face heightened scrutiny on systemic issues
As a major university and large employer, Penn’s response to the EEOC’s subpoenas may influence best practices across the higher education and public sector landscape.
Conclusion
The EEOC’s enforcement action against the University of Pennsylvania underscores the agency’s continued focus on alleged antisemitic harassment and broader religious discrimination in the workplace. While the case is currently about subpoena compliance rather than liability findings, it highlights the importance of cooperation with federal investigations and the legal obligation of employers to ensure workplaces are free from religiously hostile environments.
Organizations—particularly large academic institutions and public-facing employers—should review their harassment reporting mechanisms, investigation protocols, and responsiveness to complaints involving religion and national origin to ensure alignment with Title VII and related federal requirements.