Tyrese Gibson sues Home Depot for alleged discrimination

Tyrese Gibson poses in a black shirt, black leather jacket and chain against a blue backdrop.

Aug. 11, 2023 1:49 PM PT

“Fast & Furious” star Tyrese Gibson is taking Home Depot to court, accusing the home improvement chain of discrimination and racial profiling.

In a lawsuit reviewed Friday by The Times, the “Transformers” actor alleges he and craftsmen Eric Mora and Manuel Hernandez “experienced outrageous discriminatory mistreatment and consumer racial profiling first-hand” at a Home Depot store in West Hills. Gibson is Black; Mora and Hernandez are both Hispanic of “Mexican national origin.”

The core of the lawsuit is a Feb. 11 incident in which Home Depot clerks allegedly “purposely interfered with and refused to process” a transaction by Gibson, Mora and Hernandez based on “their skin color” and the craftsmen’s “national origin.”

According to legal documents, Gibson and his two associates were purchasing items for a home improvement project, but the checkout process took longer due to a “glitch in the system.” While an unidentified employee was re-scanning the items, fans began to notice Gibson, who stepped out of the store to avoid creating a disturbance. The lawsuit says Gibson informed the employee that Mora and Hernandez would complete the purchase with his credit card.

“The cashier acknowledged Gibson and said he understood,” the lawsuit says. “Gibson asked the cashier if the cashier needed anything further from him to complete the transaction. The cashier said no, and that Gibson could leave.”

After Gibson left, the cashier “refused to complete the transaction” with Mora and Hernandez, despite Gibson again authorizing the transaction via FaceTime video calls, the document says. Gibson returned to the store and completed the transaction “only after heated discussion with the cashier,” the lawsuit says. The actor also asked to speak with the store’s manager, who allegedly “refused to speak with Gibson in person.”

“This is a clear and deplorable instance of discriminatory mistreatment and consumer racial profiling,” the lawsuit says. “The treatment of Gibson, Mora and Hernandez by The Home Depot was humiliating and demeaning.”

Gibson’s lawsuit alleges Home Depot violated the Unruh Civil Rights Act, under which “all persons within the jurisdiction of this state ... are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” Gibson’s lawsuit also claims the Home Depot employees “were unfit to perform the work for which they were hired” and their “incompetence harmed” the actor and his collaborators.

A representative for Home Depot told The Times in a statement, “Diversity and respect for all people are core to who we are, and we do not tolerate discrimination in any form.”

The statement continued: “We value Mr. Gibson as a customer, and in the months since this happened, we’ve reached out to him several times to try to resolve his concerns. We will continue to do so.”

Gibson said in a statement shared with The Times via his legal representatives that he and his co-plaintiffs “ardently uphold our commitments to civil rights, promoting empathy, and understanding.

“Standing united against organizations like The Home Depot, we envision a world free from discriminatory practices and consumer racial profiling,” the statement added. “Just as I have done for the past 20-plus years, I pledge to continue to utilize my platform to empower the voiceless, fostering a spirit of unity and hope, while illuminating our shared path forward.”

Gibson, Mora and Hernandez are seeking $1 million in damages, as well as statutory damages and attorney’s fees. The million dollars is an estimate of what the actor, a “long-time customer of The Home Depot,” has spent on materials at the chain over the years, the lawsuit says.

The “Baby Boy” actor previously spoke about the February incident on Instagram, sharing a video of his interaction with a Home Depot employee, who refused to disclose her full name and her manager’s full name. Later in the video, Gibson spoke with the same employee to get more clarity on the seemingly inconsistent transaction policy.

“This is wrong and people should not be treated this way,” he said.

Times staff writer Nardine Saad and researcher Scott Wilson contributed to this report.