Jones

Plaintiff appeals from summary judgment entered in favor of defendants on his complaint for racial discrimination in employment in violation of Government Code section 12900 et seq., on the ground that workers’ compensation provides the exclusive remedy for plaintiff’s injuries.

Factual and Procedural Background

A. Employment History.

After occasional work as a temporary painter for the Los Angeles Community College District (hereinafter, District) beginning in 1974, plaintiff began work as a regular painter at the Harbor College campus of defendant District in October 1980 under the immediate supervision of defendant William Futren. Futren also supervised a temporary painter, Mark Bronder, who, starting on plaintiff’s second day of employment, used racially derogatory language, including the word “nigger,” in talking to or about plaintiff. When plaintiff, who is Black, discussed Bronder’s treatment of him with Futren later that day, Futren told him not to take offense because Bronder was “impetuous” and the use of such racial and ethnic slurs was Bronder’s “natural way of speaking.” Bronder’s derogatory language continued and following each of plaintiff’s complaints,…