EEOC Chair Says Data Collection Key to Civil Rights Enforcement Amid Penn Dispute

Andrea R. Lucas, chair of the Equal Employment Opportunity Commission, spoke about the role of demographic data collection in civil rights enforcement on Thursday, arguing at a conference held at Harvard that such information is sometimes necessary to investigate discrimination claims.

Speaking at an event on antisemitism and the law, Lucas addressed broader controversy surrounding government data collection in discrimination investigations, saying there is no alternative if the government is to investigate discrimination claims and compensate victims.

“Fundamentally, to some degree, the Jewish community does have to decide, do you want to have civil rights enforcement in this space?” Lucas said. “If you do, there is no other way.”

Her remarks come as the University of Pennsylvania is challenging an EEOC subpoena in court, arguing that it violates employees’ privacy and First Amendment rights. But Lucas said identifying potential victims is a prerequisite for enforcing Title VII of the Civil Rights Act, including securing financial restitution.

A federal judge upheld the subpoena last month. On Monday, Penn appealed the ruling to the Third Circuit and separately asked a district court to block enforcement, warning it would be “irreparably harmed” if forced to comply.

Lucas noted she was speaking ‘at a high level of generality’ due to ongoing litigation and did not comment on any specific case. But she framed data collection as standard practice in civil rights investigations, not an exception tied to antisemitism cases.

“If we’re doing a class case, we’re always trying to collect information about the class of potential victims,” she said.

She drew parallels to other forms of discrimination enforcement.

“I can’t protect Black workers if I don’t collect information about the Black workers who applied to a job,” Lucas said.

“That’s the nature of civil rights enforcement,” she added.

Lucas also addressed concerns about how the data would be handled, emphasizing that federal law imposes strict confidentiality requirements.

“We take our confidentiality duties very, very seriously,” she said. “Title VII provides for criminal penalties for anyone to disclose information in an ongoing charge to the public. So everything is secured under criminal penalty.”

Her remarks come amid broader federal scrutiny of universities. Last year, the Washington Free Beacon reported that the EEOC had opened a probe into Harvard, citing 2023 hiring data showing increased employment of women, nonbinary individuals, and people of color. An EEOC spokesperson refused to “confirm nor deny the existence of an investigation” in a statement at the time.

The Thursday conference — organized by the Brandeis Center for Human Rights Under Law — was held as part of a January 2025 settlement resolving lawsuits filed by the Brandeis Center and Students Against Antisemitism, a group of six Harvard students. The suits alleged Harvard’s response to campus antisemitism had been inadequate.

The settlement requires Harvard to implement mandatory training, adopt the International Holocaust Remembrance Alliance’s definition of antisemitism, and publish annual reports on its response to incidents.

In a Monday interview with The Crimson, Brandeis Center chairman Kenneth L. Marcus said Harvard has not yet released the required report and that discussions over “compliance concerns” are ongoing.

Lucas, who has prioritized combating antisemitism during her tenure, cast the dispute over the subpoena as a fundamental question about the limits of enforcement.

“What it fundamentally comes down to is at some point, either the government will know information about individuals related to the religion, or we will not be able to enforce the laws on their behalf,” she said.

Clarification: April 22, 2026

This article has been updated to clarify that Andrea R. Lucas spoke in general terms about EEOC enforcement practices and did not comment on any specific case or ongoing litigation.

—Staff writer Hugo C. Chiasson can be reached at [email protected] or on Signal at hcc.35. Follow him on X @HugoChiassonn.

—Staff writer Sebastian B. Connolly can be reached at [email protected] or on Signal at sbc.23. Follow him on X @SebastianC4784.

—Staff writer Summer E. Rose can be reached at [email protected] or on Signal at ser.85. Follow her on X @summerellenrose.