Actor Tyrese Gibson confronts Home Depot employees after they refuse to process his transaction on Feb. 11, 2023 (via YouTube). Inset: Tyrese Gibson poses for photographers upon arrival at the world premiere of the film ‘Fast X’ in Rome, Friday, May 12, 2023. (AP Photo/Domenico Stinellis)
Actor Tyrese Gibson has filed a million-dollar lawsuit against Home Depot over a confrontation stemming from a cashier’s refusal to process his purchase, alleging that he and two workmen were the victims of racism.
Gibson, who stars in the blockbuster “Fast & Furious” movie franchise, was at a Home Depot near his house in February when he, Eric Mora and Manual Hernandez became the targets of racial bias during an incident at checkout. He is accusing the store of race-based civil rights violations and negligent hiring and training practices. The plaintiffs allege that they have suffered damages “in excess of” $1 million.
According to a lawsuit filed Wednesday in Los Angeles, the cashier initially handling the transaction appeared to have been slow-walking the process from the start, and Gibson’s presence in the hardware store had started to cause a stir.
“Not wanting to create a disturbance in the store with his fans, Gibson decided it would be better to wait in his vehicle, which was parked outside,” the complaint says. Gibson told the cashier that he would go to the parking lot while Mora and Hernandez would complete the purchase with Gibson’s credit card — something the cashier appeared to understand, according to the complaint.
“Gibson asked the cashier if the cashier needed anything further from him to complete the transaction,” the complaint says. “The cashier said no, and that Gibson could leave.”
However, when the time came to make payment, the cashier “refused to complete the purchase transaction,” the lawsuit says.
That’s when Mora and Hernandez called Gibson on FaceTime.
“Gibson, appearing on video, again authorized the purchase transaction,” the lawsuit says. “Despite this, the cashier continued to refuse to complete the transaction.”
The actor then returned to the store, authorizing payment and asking the cashier why the transaction was refused. He also asked to speak with the store manager.
“The cashier gave no reasonable explanation other than repeating ‘store policy’ and demanded to see a form of identification,” the lawsuit says. The manager also allegedly refused to speak with Gibson in person.
“It was only after significant heated discussion with the cashier that Gibson was finally able to complete the transaction,” the complaint says.
“The actions of the cashier and manager were discriminatory based on race and origin,” says the complaint, which notes that Gibson is Black and Mora and Hernandez are both Hispanic and of Mexican national origin. “There is no other plausible explanation for the mistreatment of Plaintiffs. The transaction was refused, despite Gibson’s repeated authorizations, because of Plaintiffs’ skin color and, in the case of Mora and Hernandez, also because of their national origin.”
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The complaint describes the episode as “a clear and deplorable instance of discriminatory mistreatment and consumer racial profiling” and calls the treatment of Gibson, Mora and Hernandez by The Home Depot “humiliating and demeaning.”
Video of Gibson’s call with a cashier manager and subsequent return to the store for an in-person face-to-face reveals details of the exchange.
“I was just in the store and I gave my guys my credit card in front of your staff and team member and I walked off. Don’t say that I’m not there with no ID, you can pull up the cameras, I was there five minutes ago. This is completely unnecessary, what you’re doing right now.”
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“Do you have a pro account?” the woman is heard asking after conferring with her manager on the phone.
“Ma’am, should I have the CEO of Home Depot call you tomorrow?” Gibson replies. “Because he’s my neighbor. He’s my neighbor in Atlanta. You want me to get the CEO of Home Depot to call you and tell you that this is unnecessary what you’re doing?”
“My manager says that’s fine,” the employee retorts.
Eventually, realizing that the issue won’t be resolved until he returns to the store, he does just that, confronting the cashier manager directly. Once there, he asked the cashier manager to explain why, after patronizing the store for 10 years and repeatedly having workmen use his credit card for purchases, he was now being asked whether he has a “pro” account.
According to Gibson, something wasn’t right.
“I’m going to tell you what this feels like,” he is heard saying to the cashier manager. “This feels like racism. And I don’t pull the race card.”
Later in the exchange, Gibson repeats the sequence of events, reiterating that the cashier understood that the actor was going to wait in the car while Mora and Hernandez used his credit card to pay for the items and explicitly accusing the cashier manager of race-based bias.
“You’re being a racist, and that’s the truth,” he says, pointing to the cashier manager. “I don’t have a racist bone in my body, and you have that racist energy all over you, because you’re not even willing to apologize, fix it, and point out the inconsistencies of what you know and your training and what the policies are. You’re wrong, and I want your full name, and I’m going to reach out to the people who own this place.”
“People should not be treated this way,” he later adds.
Gibson released a statement about the lawsuit through his attorneys.
“Craftsmen Eric Mora and Manuel Hernandez are an integral part of my team and have made significant contributions to my visions for over a decade,” the statement says. “Together, we 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. 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.”
A representative for Home Depot said that the company opposes discrimination.
“Diversity and respect for all people are core to who we are, and we do not tolerate discrimination in any form,” the statement says. “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.”
You can read the lawsuit below.
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