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.
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.
