University of Pennsylvania v. Equal Employment Opportunity Commission
Supreme Court
493 U.S. 182 (1990)
After the University of Pennsylvania (the University) (defendant) denied tenure to associate professor Rosalie Tung (plaintiff), she filed an EEOC complaint alleging sex and race discrimination in the denial; the EEOC subpoenaed the University's confidential peer-review files for Tung and other male tenure candidates, and when the University refused to produce confidential letters, evaluations, and internal deliberations even after the EEOC declined to narrow its subpoena, the EEOC sued to enforce it. The district court enforced the subpoena, the Third Circuit affirmed, and the University appealed to the Supreme Court.
Whether the First Amendment grants a university a special privilege not to disclose files related to a peer-review process for tenure.