Turning Over Jewish Employees’ Names Unconstitutional

The University of Pennsylvania filed its formal response Tuesday to the Trump administration’s demand that the university disclose the names of Jewish employees without their consent, arguing the request is unconstitutional and that it disregards the “frightening and well-documented history” of governmental cataloging of people with Jewish ancestry. 

In a July subpoena, the Equal Employment Opportunity Commission asked Penn to turn over the names and information of employees with Jewish faith or ancestry, as well as the personal information of employees affiliated with Jewish studies, organizations and community events. Penn has refused to do so and thus entered into a legal battle with the Trump administration, which is now seeking a court order to force Penn to comply.  

“The government’s demand implicates Penn’s substantial interest in protecting its employees’ privacy, safety, and First Amendment rights,” the filing states. 

A university spokesperson said the filing is “comprehensive and speaks for itself.” Faculty at Penn and other higher ed groups have backed Penn in its fight to avoid disclosure.

“The charge does not refer to any employee complaint the agency has received, any allegation made by or concerning employees, or any specific workplace incident(s) contemplated by the EEOC, nor does it even identify any employment practice(s) the EEOC alleges to be unlawful or potentially harmful to Jewish employees,” the filing states.