Case 2:25-cv-06502-GJP Document 54 Filed 03/31/26
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Nov. 6, 2023 at 1, Dkt. No. 1-12.) All of this “brought tremendous pain to Jewish students, faculty, and staff.” (Magill, Nov. 10, 2023 at 1.)
On December 8, 2023, EEOC Commissioner Andrea Lucas issued a sworn charge of discrimination, alleging Penn “engaged in a pattern or practice of harassment based on national origin, religion, and/or race against Jewish employees, in violation of Title VII.” (Comm’r’s Charge, Dkt. No. 1-4.) Specifically, Commissioner Lucas alleged Penn, since November of 2022, failed to provide Jewish faculty, staff and other employees a work environment free from religious harassment. (Id.) She premised her charge on “publicly available information”—including, among other sources, a federal lawsuit against Penn and President Magill’s statements. See (id.).
On July 23, 2025, the EEOC issued an administrative subpoena to obtain from Penn contact information of potential employee victims or witnesses of antisemitic harassment. (Subpoena No. Pa. 25-07, Dkt. No. 1-20); (Tr. of Oral Arg. at 158:5–6, EEOC.) While the EEOC initially considered subpoenaing all Penn employees’ contact information, it decided not to do so, assuming Penn would object on grounds of relevance. (Tr. of Oral Arg. at 15:13–19, EEOC.) The EEOC also believed it could not effectively investigate Commissioner Lucas’s charge by calling 20,000 individuals, (id. at 15:21, EEOC), as it is “short-staffed” and has “tremendous inventory,” (id. at 20:8–9, EEOC.)
Accordingly, the EEOC sought to identify primarily employees “aligned with the Penn Jewish community.” (Id. at 15:24–25, EEOC.) Such employees, the EEOC believed, would be reasonably likely to have information relevant to Commissioner Lucas’s charge. (Id.) The EEOC could not demand from Penn all employees’ contact
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