Tenn. cotton gin boss caught on tape: We ‘hang’ blacks for drinking ‘white people only’ water

[1StrongBlackMan]

29. Yes. The supervisor's conduct is clearly wrong-doing ...

but the question goes to the liability of the employer and the affirmative defenses that are available.

In Ellerth and Faragher, the Supreme
Court, in setting forth the new employer liability rubric, attempted to
give definitive meaning to the term, announcing that a tangible
employment action is a “significant change in employment status,
such as hiring, firing, failing to promote, reassignment with
significantly different responsibilities, or a decision causing a
significant change in benefits.”41.

http://www.wcl.american.edu/journal/genderlaw/14/bradshaw2.pdf

Tragically, these two employees would have had a stronger (more winnable) case, if they had quit the job, as there would have been a clear adverse employment action ... But no attorney of good conscience would advise an employee to quit a job, on the hope of prevailing in court.