Demand for Jewish Employee Lists Unconstitutional (opinion)

"The Trump administration's effort to use the problem of antisemitism on campuses as an excuse to bend universities to its will has been well documented. Reaching into its bag of tricks, the Equal Employment Opportunity Commission sent a subpoena to the University of Pennsylvania last July seeking the names of Jewish employees who'd filed complaints alleging antisemitism or discrimination based on religion or ancestry/national origin, as well as employees affiliated with its Jewish studies program, Jewish organizations or community events."

"It claimed to need the personal information about Penn's Jewish employees to investigate claims that Penn engaged in 'unlawful employment practices by allowing antisemitic harassment to persist and escalate throughout its Philadelphia campus and creating a hostile work environment for Jewish faculty and staff.' On Jan. 20, Penn responded by calling the EEOC's demand 'extraordinary and unconstitutional.' It was right to do so."

"Such concerns seem particularly warranted at a time of rising levels of antisemitism and violent hate crimes against Jewish Americans. One recent survey found that 'one-third (33 percent) of American Jews say they have been the personal target of antisemitism-in person or virtually-at least once over the last year.' Moreover, 'Nearly six in 10 (56 percent) American Jews say they altered their behavior out of fear of antisemitism'"

The EEOC issued a subpoena to the University of Pennsylvania seeking names of Jewish employees who filed complaints and those affiliated with Jewish programs, citing a need to investigate alleged unlawful employment practices and a hostile work environment caused by antisemitic harassment. The university refused and called the demand extraordinary and unconstitutional, prompting the EEOC to file a lawsuit to enforce the subpoena. Faculty warned that compiling lists of Jews has historically enabled persecution and cautioned that collected data could be leaked or misused. Rising antisemitism and survey data showing high rates of targeting and behavioral changes among American Jews amplify these concerns.

Read at Inside Higher Ed | Higher Education News, Events and Jobs