For decades the most heated gender-related dispute in the world of Archie Comics was
whether Archie was more into Betty or Veronica. But a recent lawsuit by five white male executives of Archie Comics against the company’s female co-CEO is enough to whiten Reggie Mantle’s hair.
The five men (and one woman) allege that Nancy Silberkleit engaged in a lengthy pattern of harassing, bullying, and demeaning conduct, including referring to each male employee simply as “penis.” For example, the complaint alleged that Silberkleit once interrupted a meeting, pointed at each of the four men present, and said “penis, penis, penis, penis.” The complaint, filed in the Supreme Court of Westchester County, New York, alleges gender discrimination under the New York State Human Rights Law and asserts various state law causes of action.
In her motion to dismiss, Silberkleit raises an interesting defense. She argues, “White males are not a member of a protected class under this section of the HRL.” Silberkleit is apparently contending that plaintiffs who are in the gender or racial majority cannot avail themselves of anti-discrimination statutes. Does she have a point?
Not likely. New York’s human rights law is modeled after Title VII. It expressly prohibits adverse employment action on the basis of a person’s age, race, disability, and sex, among other categories. Nowhere, however, does it specify that “white males” are somehow excluded from coverage. Indeed, a 2003 New York district court case addressed this very issue and held that a white male plaintiff in a sex discrimination lawsuit did not carry a heightened evidentiary burden and was “not required to make any special showing of background circumstances in order to state a prima facie case of gender discrimination because he is male.” Looks like the white guys may get their day in court.
As of this post, the parties have briefed Silberkleit’s motion to dismiss and await the court’s ruling. Considering the colorful allegations in this case, if you want to know what happens next, you may have to read it in the funny papers.
It’s sad to hear of anyone being subjected to harassment but Silberkleit sounds like the type of person that has little respect for anyone, herself included. Any by the way, if you follow the eyes they tell the whole story. Betty is into Archie, Archie is into Veronica, and Veronica is into the milk shake.
What would come over someone to behave this way? I’m tempted to say Silberkleit must be an idiot, but how then would she get to be a co-CEO?
Why would someone achieving such a position do such a ridiculous thing?
Notably, the behavior is entirely uncalled for and without benefit. Usually a discrimination case has some legitimacy, such as a person being denied employment, housing, promotions, etc.
On second thought, Silberkleit is, in fact, an idiot.
Wait…are idiots a protected class?
Scott R. O’Connor
Albany, NY
What a sad commentary. Silberkleit is a CEO who is apparently uneducated and ignorant. Title VII is really clear and it doesn’t provide different protection for men v. women or for ethnic minorities v. whites. And; there is no such thing under Title VII as “reverse” discrimination. That’s a really ancient misnomer. Apparently her HR pro either was also ignorant or too afraid of being fired to take her aside and educate her…same goes for her legal counsel.
Wait, the plot thickens. Earlier this fall, Silberkleit ran for mayor of Rye (NYC ‘burb). Suffice it to say, she wasn’t elected. Events described in your article — true or not — were part of the background noise.
Thanks for the comments, gang. The complaint against Ms. Sillberkleit sets out all the alleged details of her journey to co-CEO, and alludes to her mayoral run as well (nice catch, Jake Weiss). The NY Supreme Court – Westchester County website permits free browsing of case documents. Enjoy!
I hope you’ll keep us updated on this case and Ms. Silberkleit’s continued vs discontinued employment with Archie Comics.