DELIVERY AREA SECURITY
Violent crime is a reality in various geographic areas. Consequently, under certain circumstances a good business plan probably includes a procedure to investigate whether it may be unsafe or impractical to offer delivery service to every customer in the store's delivery area at all times the store is open.
Being in the position of having to investigate the practicalities of limiting delivery service is a difficult one that should be made only by, or under the supervision of, upper level management. Appropriate policies and procedures for the investigation of the circumstances can be useful to assist management in promoting the safety of employees; further fair and ethical business practices; and, enhance good will in the communities. Above all, safety of employees must continue to be the top priority.
Our primary mission is to safely deliver each and every order in such a way that we always exceed our Customer's expectations for product, service, image and value. Ideally, we will accomplish this mission for every person who resides in our delivery areas. Realistically, we understand there may be situations where delivery service is not totally free of all limitations. However, arbitrary decisions to limit delivery service, without a documented and legitimate basis for the decision, do not serve our best interest or those of the residents of our communities. We can establish objectives to assist us in accomplishing our mission; such as:
- Identify areas within the delivery and service areas of stores that may present an unreasonable risk of harm to employees making deliveries.
- Create policies and procedures designed to help assess the degree of risk involved in making deliveries to a specific area.
- Identify persons to be charged with the responsibility of investigating the circumstances pursuant to written policies and procedures.
- Implement the policies and procedures in the stores.
- Enlist the support of the community in resolving the problems that cause the need for delivery limitations.
- Monitor any limitations and be prepared for change.
DOMINO'S PIZZA, INC.'S LIMITED DELIVERY SERVICE POLICY
- Safety of employees must continue to be the top priority.
- Only documented and legitimate concerns can serve as a reason for appropriately deciding to limit delivery service.
- FACTORS SUCH AS RACE, NATIONAL ORIGIN, RELIGION, SEX, AGE, OR ANY OTHER CHARACTERISTIC PROTECTED BY LAW, SHALL NEVER BE LEGITIMATE CONSIDERATIONS IN DECIDING WHETHER OR NOT TO LIMIT DELIVERY SERVICE.
- In the event any person running a shift in a store operated by Domino's Pizza, Inc., or that person's supervisor, has a good faith reason to believe that conditions in the store or the store's delivery area are such that the workplace is no longer reasonably safe for team members to perform their duties of employment, or the store becomes aware of a complaint by any person about the store's delivery practices, the person running the shift is to immediately report the situation and/or complaint by calling the Domino's Pizza Hotline at 1-800-284-0911. Domino's Pizza, Inc. will promptly investigate all calls and determine whether delivery service should be suspended or limited in order to protect the safety and well being of team members.
- In the event of extraordinary circumstances that indicate immediate action is required in order to promote the safety and well-being of team members, the person running the shift may temporarily suspend or limit delivery service to the limited area presenting an unreasonable risk of harm to team members. Although it is impossible to identify every one of these circumstances, some examples of situations which indicate an immediate response include multiple security incidents at a specific location, a security-related injury to an employee, police action in response to an event in a delivery area, civil unrest, or serious threats of harm to employees. The person running the shift, or the supervisor, must still immediately report the situation to the Domino's Pizza Hotline at 1-800-284-0911.
- Limitations on delivery service are to be reviewed under the direction of the Director of Safety and Security on an annual basis, or more frequently as circumstances may warrant, to determine whether or not there has been a change in circumstances that will permit a reduction in or elimination of limitations on delivery service. The Delivery Service Committee shall determine whether to change or affirm the limitations.
- Failure to follow this Policy and the procedures implementing the Policy may result in disciplinary action, up to and including immediate termination of employment.
Every area is different. Consequently, it is difficult to establish hard and fast rules for every set of circumstances. For example, how many incidents are too many to permit safe and unrestricted delivery service? What if there is a low frequency of incidents, but one serious incident occurs in an area? Does one serious incident warrant limiting delivery service? Suppose it becomes known that other businesses have been the victim of security incidents but Domino's Pizza employees have not experienced problems? Do those facts warrant limiting service? Finally, what kind of change in circumstances is needed before normal delivery service can be resumed? Those may be questions without a single right answer and that makes providing the best delivery service possible to all of our customers while keeping the safety of team members a top priority a difficult task.
- BASIC PRINCIPLES
Having recognized that there are numerous ways to accomplish our mission, there are some basic principles that serve as the foundation for our procedures concerning delivery security issues, including:
- Safety of employees must continue to be the top priority.
- Only documented and legitimate concerns can serve as a reason for appropriately deciding to limit delivery service.
- Factors such as race, national origin, religion, sex, age, or any other characteristic protected by law, shall never be legitimate considerations in deciding whether or not to limit delivery service.
- IDENTIFICATION OF AREAS
Management can not act if it is unaware of a situation. Our first step is to obtain .information about the possibility that an area may not be reasonably safe at all times, or that an area that was once considered unsafe needs to be re-evaluated. Allow store employees to report facts known to them. Local management and team members need to monitor events that occur in a store's delivery and service area. Store employees should build a cooperative relationship with local law enforcement officers and other businesses that make deliveries in the area. Generally, team members are to know their customers and the store's delivery area.
- POLICIES AND PROCEDURES
Step One: Request for Investigation. Make a request for an investigation as to whether or not an area is reasonably safe to make deliveries at all times by calling the Domino's Pizza Hotline at 1800-284-0911.
When calling in a request for investigation be prepared to give the following information:
- Name and telephone number of the person making the request;
- Date of request;
- Specific area in question;
- Detailed summary of the reason for the request; and,
- Any suggestions as to what measures could be taken to continue to make deliveries to the area.
Step Two: Receipt of Request. Upon receipt of a call requesting an investigation, the persons operating the Domino's Pizza Hotline will generate a written report of the call and deliver the report to the Director of Safety and Security.
The reports and documents associated with each investigation should be kept for the entire time that any limitation on delivery service is in effect and for a period of three (3) months from the date of receipt of the Request or for three (3) months following the removal of the limitation. If the documents are possibly needed for litigation or some other lawful purpose, the record retention policy is to be suspended for those particular documents and they are to be transferred to the safekeeping of corporate counsel.
Step Three: Investigation
An investigation of a Request shall be conducted under the direction of the Director of Safety and Security. The investigation shall include a prompt collection of such relevant information as is appropriate, considering the Request, and as is reasonably calculated to facilitate a well-informed consideration of all relevant factors. Appropriate action may include:
- Collection of relevant documents;
- Collection of relevant information and statistics concerning the area under investigation, where available;
- Conducting a thorough visit to the area under investigation and recording the visit with photographs and written notes;
- Interviews with store employees, especially those who are more familiar with the area under investigation;
- Consultation with law enforcement personnel;
- Consultation with representatives from local businesses and community organizations that have a presence in the area under investigation;
- Obtaining advice from corporate counsel to ensure compliance with Federal, state and local laws and regulations;
- Observing the type of security measures being used by residents and businesses in the area and recording your observations by photographs and/or notes; and,
- Such other action as may be deemed necessary or useful to complete the Investigation.
Collection of Documents. Some examples of the kinds of documents that may be collected include:
- Prior internal incident reports and complaints;
- Relevant worker's compensation documents for employees at the store nearest to the area under investigation;
- A list of names, addresses and telephone numbers of store employees and other supervisory personnel whose work may bring them into contact with the area;
- Store delivery map;
- Information pertaining to the frequency and patterns of other deliveries being made from the store; and,
- The facts and circumstances of security incidents which have occurred in the delivery area but outside the area under investigation.
Collection of Relevant Information. Some examples of the kind of relevant information that may be collected include:
- Incident Reports from the local police and/or sheriff's department;
- Crime analysis of area, if possible;
- Newspaper articles concerning the area under investigation;
- Delivery policies of other delivery businesses in the area and their experience with deliveries;
- The content of training provided to store employees as well as when the training was provided, and the names of the employees who received the training;
- Review of performance of store employees, including a review of how well the employees are implementing the safety and security training they have received.
On-Site Visitation. As soon as is practicable after receipt of a Request for Investigation, a personal visit to the entire delivery and service area of the store and the area under investigation may be in order. Consider an actual walk-through of the area under investigation, both during daylight hours and later in the evening. Representative photographs of the area under investigation should be obtained, if possible, and notes of problems, circumstances, names and telephone numbers should be made.
Interviews With Store Employees. As soon as is practicable after receipt of a Request for Investigation, relevant information should be obtained from the store employees, by way of personal interviews, if possible. Relevant information may include personal experiences with the area under investigation; feelings about working in that area; names and addresses of other persons who may have information about the area under investigation; extent of training and the use of the techniques covered in the training material.
Consultation With Law Enforcement Personnel. As soon as is practicable after receipt of a Request for Investigation, a personal visit should be made to local law enforcement agencies to obtain relevant information about prior incidents; law enforcement policies for the area under investigation, and other relevant advice and suggestions. Record the name and badge number of the officer or officers with whom you speak, as well as the date and time of your conversation. If a Freedom of Information Act Request appears necessary to obtain documents from the law enforcement agencies, obtain the name and address of the Freedom of Information Act Officer for the agency. In certain circumstances it may be appropriate to request a heightened presence of law enforcement personnel in the area.
Consultation With Representatives From Local Businesses And Community Organizations. As soon as is practicable after receipt of a Request for Investigation, consider making personal visits to local businesses in the area to learn of their experiences. Interviews with convenience store employees, cab drivers, florist delivery personnel, UPS and Fed Ex drivers, rubbish haulers, utility companies, and other delivery businesses may be sources of information. Also, interviews with local political figures, "block leaders", religious leaders, and leaders of other civic organizations may provide other useful information.
Obtain Advice From Corporate Counsel To Ensure Compliance With Federal, State And Local Laws And Regulations. An experienced corporate counsel can provide an overview of applicable laws and regulations and direct that portion of the investigation that pertains to compliance with the law.
Step Four: Evaluation. Promptly upon the completion of the investigation the information collected is to be presented to the Delivery Service Committee, which shall be a sub committee of the Legal Committee and shall include:
- Appropriate upper-level management;
- Representatives with training in the areas of safety or security;
- Corporate counsel; and,
- Other representatives of the company.
The Committee's charge shall be to evaluate the results of the investigation as promptly as possible and to reach a determination as to whether or not deliveries can be made to all or a part of the area under investigation with reasonable safety to employees, based on the information gathered during the investigation. A reasonably safe work environment for employees shall remain the paramount consideration. FACTORS SUCH AS RACE, NATIONAL ORIGIN, RELIGION, SEX, AGE, OR ANY OTHER CHARACTERISTIC PROTECTED BY LAW, WILL NEVER BE CONSIDERED IN THE EVALUATION.
Promptly upon completion of the evaluation, the Committee's recommendations will be delivered to the Operations representative on the Committee for implementation.
Step Five: Other Actions. Simultaneous with the Investigation, the area supervisor shall review the store's training and hiring practices, and the role the store and Domino's Pizza, Inc. plays in the community.
Training. The supervisor should verify that store employees are being properly trained in areas of safety and security. This undertaking is also to serve as an opportunity to heighten awareness of the absolute requirement that all employees must promote anti-discrimination policies and treat everyone with equal respect and courtesy, regardless of age, sex, race, religion, social standing, national origin, or other characteristics protected by law.
Hiring Practices. The supervisor should verify that the store is making reasonable efforts to recruit employees from the area and that all other aspects of the equal employment opportunity policy are being promoted.
Community Involvement. Efforts are to be made to verify that Domino's Pizza, Inc., and the tradename under which it conducts business, is known in the community for participation in appropriate community programs and is a supporter of worthy causes. Meetings with community, religious and political leaders may provide an opportunity to identify problems in the community, such as crime, poor lighting, loitering, unemployment, lack of house numbers, and similar issues, and serve as a way to become a part of the solution to these problems.
Step Six: Decision To Limit Delivery Service.
Once an area has been validly investigated and legitimate safety or other business concerns have been documented, a decision to depart from the standard practice of offering delivery service to all residents of the area during all times the store is open for business may be appropriate. Once this decision is made, Operations shall do the following:
Communicate the Limitations
- Advise store employees of the limitations
- Explain that the company hopes the limitations are temporary and that it plans to re-evaluate the limitations at a time in the future
- Request assistance from store employees in monitoring the circumstances
- Advise delivery drivers to not drive through an area where delivery service is limited, during times when service is not offered, in order to make a delivery in another area.
Adjust the Phone Message.
Consider the fact that in advising a customer that the store does not deliver to them, it may be taken to mean that the store is implying that the customer is a security risk. Chances are, the person calling in to place an order is not the cause of the area's problem. The issue of declining to make a delivery can evoke a strong emotional response and store employees should be trained to respond to the caller in an appropriate manner.
- Reinforce the importance for store employees to exhibit the utmost sensitivity and courtesy to those customers not receiving full delivery service. All customers should be treated as we would like to be treated in a similar situation.
- Forbid the use of terms such as "red zone", "security area", "red lining" and the like. Those terms have negative connotations to some persons and may be considered inappropriate. Those terms should have no place in a Domino's Pizza store. A better term is "limited delivery service area".
- From time to time consider offering an alternative such as a special carryout offer.
- Train store employees to use the following phone message:
"We do not currently deliver to the address you have given. May I have your name and telephone number so that I may Have someone call you back to discuss our store's delivery policies in greater detail?"
- Train store employees to remain polite and courteous even if the caller becomes excited or agitated. If the caller asks to speak to the manager or supervisor that request should be granted or an explanation should be given as to why the manager or supervisor can not come to the phone. The store employee should continue to explain that a return call will be made. In the event the caller remains unsatisfied with the circumstances, despite the store employee's polite efforts, the store employee should politely asked to be excused from the call in order to have the opportunity to contact someone about the caller's concerns and should then immediately report the incident to the Domino's Pizza Hotline at 1-800284-0911.
Step Seven: Monitor the Area and The Decision.
Circumstances may change over time. Reasons once valid to support a decision may at some time become less valid. The decision to limit delivery service shall be reviewed under the direction of the Director of Security on an annual basis, or more frequently as circumstances may warrant, who will report to the Delivery Service Committee, in an effort to detect a substantial change in circumstances that may suggest modifying a delivery practice.
Step Eight: Emergency Response.
Unfortunately, situations may arise which indicate action is required sooner than can be expected from following the procedures outlined above. Although it is impossible to identify every one of these circumstances, some examples of situations which indicate an immediate response include multiple security incidents at a specific location, a security-related injury to an employee, police action in response to an event in a delivery area, civil unrest, or serious threats of harm to employees. Under these limited and extraordinary circumstances, the person running the shift in the store at the time shall have the authority to suspend delivery to the area posing a risk of harm to employees. That action shall be limited to that which is required to promote the safety and well being of employees.
However, the person making the emergency decision shall immediately contact an appropriate supervisor to report the emergency situation. Such a report should be made as soon as is possible, and by initiating a page to the supervisory person if necessary, but no later than 9:00 a.m. the morning following the initiation of the emergency response action. At that time, a more formal investigation could be instituted in accordance with the company's policies. Simply initiating an emergency decision to limit delivery service and placing a call or page to a supervisory person does not mean that local law enforcement personnel should not be called. Report all security incidents to local police.
Step Nine: Sanctions. Failure to follow the established procedures within the time allotted will result in disciplinary action, up to and including immediate termination of employment.
LEGAL ISSUES AND AUTHORITIES
Decisions to limit or suspend delivery service have resulted in claims of illegal discrimination by persons in the area not receiving full delivery service. Problems have arisen because in many instances the area where delivery service has been limited is occupied predominantly by persons of a protected class. While there are few court decisions concerning refusal to deliver, the statutes on which claimants have relied have been in force for 30 years, or longer. It is only the application to delivery service that is relatively new.
Legal authority on which a person can rely in bringing an action for illegal discrimination in Federal Courts because of limited delivery service is Title 11 of the Civil Rights Act of 1964, 42 U.S.C. § 2000a, which provides as follows:
"§2000a. Prohibition against discrimination or segregation in places of public accommodation
(a) Equal access. All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodging; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments. Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title [42 USC §§2000a-2000a-6] if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
.... (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station."
Furthermore, the statute makes it illegal for a person to "withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by § 2000a or § 2000a-l."
Most, if not all, states and a large number of local governments have enacted similar or even broader laws and ordinances prohibiting illegal discrimination.
Rev. 121911999 > >