EEOC Chair Says Jewish Worker Info Needed to Probe Antisemitism

The EEOC must collect contact information for Jewish employees in order to conduct investigations into potential antisemitism, the chair of the civil rights agency said.

Equal Employment Opportunity Commission Chair Andrea Lucas underscored the need for gathering such data as it probes potential discrimination against Jewish workers, while acknowledging the sensitivity of the situation, during a Thursday conference hosted by The Brandeis Center.

Lucas didn’t comment on a specific EEOC investigation, but noted that some have been revealed publicly through court action.

The agency recently brought a subpoena enforcement lawsuit against the University of Pennsylvania to investigate antisemitism allegations, with the school pushing back on the EEOC’s information request because of concerns that the underlying bias charge was invalid. Intervening student and faculty groups also raised privacy risks and associational rights concerns.

Last year, Columbia University resolved on-campus antisemitism charges in a $21 million deal with the EEOC, part of a broader $221 million deal with the Trump administration.

“At some point, either the government will know information about individuals related to the religion or we will not be able to enforce the law on their behalf,” Lucas said.

The information requested in the UPenn case includes names and contact information of faculty involved in Jewish studies and campus programs. A federal judge ordered the university to provide the information to the EEOC, but the school is appealing the decision.

Lucas said she understands the sensitivities around the issue, adding that the agency takes confidentiality seriously.

The EEOC typically avoids using an employee’s workplace contact information in order to limit any retaliation or issues of employers monitoring communications, she said.

The UPenn investigation stemmed from a commissioner’s charge filed by Lucas, which is a power EEOC members have to launch probes on behalf of workers under federal anti-discrimination laws.

Lucas said commissioner’s charges allow her to act as a “shield” for workers who feel afraid to come forward, and a tool she sought to use after hearing from dozens of Jewish employees about their workplace experiences in the wake of the Oct. 7, 2023, Hamas attack on Israel.

“It’s not enough to say never again and then not take action,” Lucas said. “I’m trying to do anything in the lever of my power to make sure never again means never again.”