Female Archie Comics CEO claims she can't be liable for 'sexually harassing employees by shouting Penis! at them' because they are WHITE MEN



Co-CEO Nancy Silberkleit, 59, claims Sam Levitin, 73, turned against her

But Levitin alleges she's 'unstable' and could 'greatly damage business'

She needed Levitin as a 'go-between' in court battle with Archie Comics



Alleges company and her fellow CEO Jon Goldwater wanted to fire her

Then relationship between Levitin and Silberkleit broke down last year



Lawsuit: Nancy Silberkleit, 59, of Archie Comics, claims Sam Levitin turned against her for rejecting his 'unwanted and improper sexual advances'

The female CEO of Archie Comics, who has been accused of sexual harassment by five employees says she can't be guilty of the accusations - because her employees are all white men.

Nancy Silberkeit argues in legal filings that the employees who are suing aren't from a 'protected class' of people - and therefore their claims of harassment aren't legally viable.

Silberkeit is accused of repeatedly shouting 'Penis!' at the employees and also referring to them as the male organ instead of their names.

She took over as co-CEO of the Westchester County, New York, comics company - which includes Archie, Jughead, Betty and Veronica - when her husband, co-founder Louis Silberkeit, died in 2008.



She has been locked in a long-running legal battle over control of the company ever since - with employees accusing her of being mentally unstable and running the comic company into the ground.



According to the New York Daily News, Silberkeit recently filed court documents that state: 'Plaintiffs fail to allege that any such comments were directed at any of the plaintiffs in particular, or they could cause extreme emotional distress even if they had been.'

Among the employees suing her are Archie Comics president Mike Pellerito and Victor Gorelick, the editor-in-chief.



Among the legal allegations that have flown back and forth between Silberkeit and the staff are claims that her liason to the company, Sam Levitin, 73, turned against her for rejecting his ‘unwanted and improper sexual advances’.

Popular series: Mr Levitin claims Mrs Silberkleit even once plotted to make Betty and Veronica - the love interests of the comic books' main character Archie Andrews - more provocative, court documents said

But Mr Levitin alleges in return that Mrs Silberkleit is ‘unstable’ and ‘will greatly damage the business’ if she remains in a position of power, reported the New York Daily News .

He also claims she even once plotted to make Betty and Veronica - the love interests of the comic book’s main character Archie Andrews - more provocative, according to court documents.

The long-running feud began last year when former schoolteacher Mrs Silberkleit - who took over the co-CEO position from her late husband Michael - made Mr Levitin her liaison.

She needed his help as a ‘go-between’ in a court battle with Archie Comics Productions and her fellow CEO, Jon Goldwater - who wanted to fire her, reported the Daily News.

They had alleged she was often unreasonable and would explode into tantrums - such as once surging into a meeting, shouting about male genitalia and storming back out again.

But their relationship broke down last winter when he turned on her for rejecting his sexual advances, according to court papers filed at Westchester Surrogate’s Court in White Plains, New York.



Headquarters: Archie Comics Productions is based at these offices (pictured) in Mamaroneck, New York

Mr Levitin threatened her and asked if she was intending to get breast implants, Mrs Silberkleit claimed, adding that he once warned her: ‘Mess with me, lady, (and) you’re playing with fire’.

He admitted telling her she was ‘playing with fire’ when talking about rebranding the traditional characters of Betty and Veronica - but denied calling her ‘lady’, reported the Daily News.

‘Nancy is incapable of working with anyone,’ Mr Levitin said in an affidavit. ‘She lacks functional communication skills and has an unstable temperament.’

Mr Levitin and his lawyer did not return a request for comment, ACP said it was ‘not a party in the litigation’ and Mrs Silberkleit’s lawyer said the allegations against his client were ‘just not true.’