Recently, faculty and student groups asked a district court to vacate an order enforcing an Equal Employment Opportunity Commission subpoena seeking the names and contact information of Jewish employees and members of Jewish organizations at the University of Pennsylvania.

We represent Jewish employees nationwide who experience discrimination and harassment in the workplace. Many come to us after reporting swastikas in their offices, enduring antisemitic slurs from coworkers, or facing retaliation after raising concerns about antisemitism. For many of these individuals, filing a charge with the EEOC is the first step toward enforcing their rights under Title VII of the Civil Rights Act.

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That experience gives us a unique perspective on the recent dispute over the EEOC’s subpoena seeking identifying information about Jewish employees. Throughout the litigation, the subpoena was frequently characterized as an effort to create a government “list of Jews.” Those concerns understandably resonated given Jewish history and the importance of protecting religious privacy. But they also obscured an important reality about how civil rights investigations........

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