Housing And Civil Enforcement Cases Documents

Domino's Pizza LLC (Domino's) readily cooperated with the United States in addressing the issue of delivery area policies and procedures. Based on this cooperative effort, the parties reached an agreement regarding the policies and procedures Domino's will follow in making decisions to limit delivery service in certain geographical areas. The policies and procedures that Domino's has adopted acknowledge the importance of providing for the safety of Domino's employees, while clarifying that the racial composition of a neighborhood should never play a role in decisions to limit delivery service. This agreement explains the policies and procedures and confirms that the United States is closing its investigation into Domino's delivery practices.

1. Background

   This matter came to the attention of the United States in 1998, when an African American resident of Fayetteville, North Carolina alleged that she was denied delivery service by a Domino's store based on her race. The United States investigated the complaint to determine if Domino's was engaged in a pattern or practice of illegal discrimination in their decisions to limit delivery service in certain geographical areas. When the United States notified Domino's of its investigation, Domino's readily agreed to meet with the United States to discuss its delivery limitation policies. When the parties met, Domino's informed the United States of the considerable attention that it had already given to the delivery limitation and safety issues Domino's faces in providing delivery service. The parties then worked together to develop delivery limitation policies and procedures, some of which were already in effect, which now been distributed and implemented by Domino's stores throughout the country. The policies and procedures that Domino's has adopted acknowledge the importance of providing for the safety of Domino's employees, while reaffirming that the racial composition of a neighborhood should never play a role in decisions to limit delivery service.

   The United States has come to no conclusion as to the validity of any claim that Domino's engaged in unlawful discrimination in making delivery limitation decisions. Domino's denies that it engaged in any unlawful discrimination and contends that its delivery limitation decisions were based solely on legitimate issues regarding the safety of its employees.

   The United States has reviewed Domino's policies and procedures concerning delivery service limitation and finds the policies and procedures reasonable and acceptable guidelines to assist Domino's in complying with Federal law governing illegal discrimination in delivery practices.

2. Delivery Limitation Policies and Procedures

   Domino's has adopted and implemented the following policies and procedures regarding decisions to limit delivery service:

   The "Limited Delivery Service Standard" in the form that is attached hereto as Appendix "A" has been adopted as a Standard in the Domino's Pizza system and is applicable to all Domino's Pizza stores. This Standard has been distributed to all stores in the Domino's Pizza system and will be incorporated into Domino's Operating Manual which is provided to all Domino's stores. This Standard provides that decisions to limit delivery service are never to be based on factors such as race, national origin, religion, age, or any other characteristic protected by law. The Standard also requires stores to adopt a procedure for the orderly and systematic investigation of an area that is suspected to be unsafe to Domino's employees before making a final decision to limit delivery service in that area.

   Domino's has adopted the "Delivery Area Security Procedure Manual" in the form that is attached hereto as Appendix "B," which includes the "Domino's Pizza LLC Limited Delivery Service Policy." The manual and policy are applicable to all Domino's Pizza stores owned and operated by Domino's Pizza LLC. These documents provide comprehensive guidance to "company-owned" stores on the steps such stores must follow before limiting delivery service. The documents require a company review of such decisions as well as at least an annual review of decisions to limit delivery service. If a store decides to limit delivery in an area, the store is required to retain documents regarding such a decision until three months after the delivery limitation is lifted.

   Blank forms of the "Delivery Area Security Procedure Manual" and the "Domino's Pizza LLC Limited Delivery Service Policy" have been provided to Domino's Pizza Franchisees as guidelines which Franchisees may adopt to meet the requirements contained in "Domino's Limited Delivery Service Standard."

   Domino's will continue to provide education to its company-owned stores as well as its franchisees on the delivery limitation policies and procedures and the importance in making decisions to limit delivery on factors unrelated to the racial composition of the neighborhoods to which they deliver.

   The United States is closing its investigation into this matter. If a complaint is received that a Domino's store is diverting from the policies and procedures and making delivery limitation decisions based on race or other prohibited factors, however, the United States may reopen the matter for further investigation.

   The resolution of this matter represents a cooperative effort between Domino's and the United States to ensure that all decisions regarding delivery limitations will be based on the legitimate concern for the safety of Domino's employees and not on the basis of race or any other characteristic protected by law. Domino's limited delivery service policies and procedures will serve as a framework for this process and the United States commends Domino's for its willingness to work with the United States to address this serious issue.

FOR THE UNITED STATES:

____[Scott P. Moore] ________
Joan A. Magagna
Chief
Isabelle M. Thabault
Deputy Chief
Scott P. Moore
Trial Attorney
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, D.C. 20035-5998
(202) 307-3801

DATE: __[10/25/00]__

FOR DOMINO'S PIZZA LLC:

____[Elisa D. Garcia C.]_____
Elisa D. Garcia C.
Vice President and General Counsel
Dominos Pizza LLC

DATE: __[10/17/00]__ > >