HELP - Loosing job b/c of baby - Mothering Forums

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#1 of 30 Old 06-21-2006, 04:04 PM - Thread Starter
 
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i work at the outdoor farmer's market twice a week with my 6 month old baby right by my side. Today the health inspector told me that I can't have her there b/c it's a health code violation. possible food contamination b/c of her diaper. cloth diaper by the way. i can't exactly do anything else with dd b/c she's exclusively breast fed and has yet to ever take a bottle. i'm supposed to work again in three days. is there any possible recourse? i feel like my worker's rights are being violated, but i don't even know. i figure i'll call and ask for the code that i'm violation in writing to give me a couple days...i don't know. i just got home from work and i'm absolutely fuming....: : :
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#2 of 30 Old 06-21-2006, 04:22 PM
 
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Awww, that's silly. I mean, as long as you wash your hands, right?

Keep us updated, I'd love to know the specific wording of the code you violated.
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#3 of 30 Old 06-21-2006, 04:25 PM
 
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Sounds bogus. What about all the moms who shop there? if they have kids and touch the food to decide which one to buy? Sounds like your customers have got to go!
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#4 of 30 Old 06-21-2006, 04:30 PM
 
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Definitely find out the code.

I would send a letter saying that you follow health precautions while changing her diaper.... wearing plastic gloves and using hand sanitizer after.... just as anyone would do (hopefully) who works in food. I'd also see if putting a pair of plastic training pants over her diaper helps.

Bring up the point about the other mothers with babies... as well as dogs and other such animals which often frequent farmer's markets.

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#5 of 30 Old 06-21-2006, 04:30 PM
 
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i'd be calling the local civil rights council in your town...sounds weird to me. ask the health code lady how many people go into grocery stores and touch the fruit? Does she know that a full 60% of people dont wash their hands after useing a public restroom??: tell her to close the grocery store!
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#6 of 30 Old 06-21-2006, 04:46 PM
 
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Are you allowed to use the bathroom while you're on shift?

Yeah, get the specific wording of the specific code, and go from there. That's just silly.

Homeschooling mama to 6 year old DD.

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#7 of 30 Old 06-21-2006, 05:16 PM
 
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What a load of crap! That inspector is just making stuff up. There is no code anywhere that says a baby can't be around because of a diaper. That's ridiculous. If that were true, they'd have to ban all customers with children in diapers from shopping there.

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#8 of 30 Old 06-21-2006, 05:16 PM
 
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Spam? on MDC? what do we do about this?
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#9 of 30 Old 06-21-2006, 05:18 PM
 
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see the red triangle with the exclamation point at the bottom left of each post? anytime you see a bad post (spam, insulting, trolling, etc) click on that and you can report it.

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#10 of 30 Old 06-21-2006, 05:38 PM
 
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So what about family run restaurants where the babes are kept along side the working parents? I've never heard anyone say no to that. I once knew a baby whose parents literally kept him under the counter at their chinese food restaurant.
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#11 of 30 Old 06-21-2006, 05:41 PM
 
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Oh yeah, I used to work at a pizza place here in town where the owners raised all (4-5?) of their kids in the restaraunt, and they've never been told that they couldn't... They're all older now, but they all still work there.
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#12 of 30 Old 06-22-2006, 12:49 PM - Thread Starter
 
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well, i just got off the phone with the head of the health dept. food and safety or whoever she was...the one in charge of making stupid decisions for the farmer's market (carol). and in turn, i called my boss and told him i had to quit...so i guess you know what carol said. she told me that not only is there possibility of food contamination b/c dd wears a diaper BUT ALSO you aren't to have extra people in the stand if they aren't working. i thought that was part of the beauty of farmer's market...it was a family event. farmers bring their kids and their food to sell and no need for daycare. i commented that i feel i'm being singled out, as many of the stands have kids there who aren't working. carol told me i should report them. yeah right. so that's that.: i'm not going to bottle train dd just for 10 hours a week at the FM, even if i love doing it. 2/3 of why i loved it was b/c dd got to be with me. oh yeah, and i asked her to send me a copy of the codes i'm violating, but she hasn't emailed it yet. maybe b/c she's having a hard time finding the code that doesn't exist...
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#13 of 30 Old 06-22-2006, 12:53 PM
 
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What did your boss say? I think this Carol person should be talking to your boss in the future, not you. Don't quit yet!!!

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#14 of 30 Old 06-22-2006, 01:09 PM
 
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I think your being discriminated......you shouldnt quit, and have your boss talk to the health dept, ask for someone above her head.
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#15 of 30 Old 06-22-2006, 01:14 PM
 
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i would call the newspapers.
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#16 of 30 Old 06-22-2006, 01:14 PM
 
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Oooooohhhh, mama!!!!! I can't believe you have to quit!!! What did he say? Do you at least get to work Saturday in BR or no? Grrrrrrrrrr.
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#17 of 30 Old 06-22-2006, 01:25 PM - Thread Starter
 
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no, this is effective immediately, said the health dept. my boss was going to call too, but i honestly didn't think he would support me as much as i thought i could myself. i'm sure he can easily find someone to take my job, whereas I can't easily find another job where i can bring dd...
here's part of the email - think there's a way around it? --

Here is the section of the Retail Food Establishment Sanitation Requirements Ordinance excluding children:

410 IAC 7-24-119 (2) Persons unnecessary to the retail food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person-in-charge if steps are taken to ensure that:

(A) exposed food;

(B) clean equipment, utensils, and linens; and

(C) unwrapped single-service and single-use articles;
are protected from contamination.

You can find the entire ordinance, with definitions of "retail food establishment", "food storage", etc. at:

http://www.in.gov/isdh/regsvcs/foodp...0_iac_7-24.pdf
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#18 of 30 Old 06-22-2006, 01:31 PM
 
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Wow, I don't know what to say!

What about when your on your period and your wearing a pad? You shouldn't work then either? That's crazy! People use the bathroom on the job all the time.

my kids are 10, 7, and 4. i'm due any day now
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#19 of 30 Old 06-22-2006, 01:46 PM
 
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maybe you should start ECing your dd... then she wouldn't be in a diaper.

(ok, just being facetious... but i really think that you are being discriminated against!!!)
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#20 of 30 Old 06-22-2006, 01:49 PM
 
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i would call the tv stations, the newspapers, start saying the word discrimination....get their attention
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#21 of 30 Old 06-22-2006, 01:50 PM
 
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Ok...what if you as an adult had to wear a diaper due to bladder control issues? Would you loose your job then?

Sounds fishy to me....

Mama to 9 so far:Mother of Joey (20), Dominick (13), Abigail (11), Angelo (8), Mylee (6), Delainey (3), Colton (2) and Baby 8 and Baby 9 coming sometime in July 2013.   If evolution were true, mothers would have three arms!

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#22 of 30 Old 06-22-2006, 05:39 PM
 
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Good luck with this, mama. It's quite rediculous and I hope you find the energy to not back down.
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#23 of 30 Old 06-22-2006, 05:45 PM
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try calling the national organization of women (NOW) and the ACLU and see what they come up with.
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#24 of 30 Old 06-22-2006, 09:07 PM
 
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You need to contact the city's civil rights department. The code sounds valid, so it would be a question of whether your civil rights as a mother can trump the code.

I don't necessarily disagree with the code (I almost died of food poisoning so I'm paranoid), but if it's not being fairly applied by their investigators, then it's wrong and discriminatory. I think this is the angle you should approach the civil rights office with.'

Good luck! Keep us updated!
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#25 of 30 Old 06-22-2006, 09:34 PM
 
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are you actually preparing food? I though you would just be selling fruits and vegetables? Do they say it's violating the "food storage" part? Because once it's in the stand, it's then on the food sales floor, not the food storage area.
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#26 of 30 Old 06-22-2006, 09:38 PM
 
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Quote:
Originally Posted by eclipse
are you actually preparing food? I though you would just be selling fruits and vegetables? Do they say it's violating the "food storage" part? Because once it's in the stand, it's then on the food sales floor, not the food storage area.
not to mention its touched by the customers, and customers kids etc, along with being exposed to the open air where ANY bacteria could fall on it.
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#27 of 30 Old 06-22-2006, 09:59 PM - Thread Starter
 
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Quote:
Originally Posted by eclipse
are you actually preparing food? I though you would just be selling fruits and vegetables? Do they say it's violating the "food storage" part? Because once it's in the stand, it's then on the food sales floor, not the food storage area.
actually it's a bakery stand. i don't actually touch the stuff directly (with little waxed paper squares), and the way it's displayed, i'm really the only one who could touch it. cookies are all in jars, with tops. pastries are in a display case. breads, in bags or wrapped in saran wrap...
estreetmama - good suggestion. thanks - i'll do it tomorrow.
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#28 of 30 Old 06-24-2006, 09:01 PM
 
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This whole thing really sucks. I am part of a worker-owned bakery collective and regularly work a similar stand to yours for at least one market per week. I almost always have my 5 month old with me and often work with a co-worker that has a 10 month old. I have never had a problem and hope I never will. One of the greatest things about markets is their family atmosphere for both the vendors and customers. The customers love our babies and always stop by to say hi. If they don't want that they can go to the corporate grocery store. I agree that this is not only discriminatory but also a pretty lame abuse of power. We have faced some additional scrutiny from the health dept. on some other issues and it just seems like over-regulation is going to really hurt the smaller vendors which are the core of farmer’s markets. Best of luck.
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#29 of 30 Old 06-24-2006, 09:57 PM
 
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I noticed you live in Indy too. If you want to, maybe RTV6 could help? You know, "call 6 for help, etc." I'm not sure what kinds of stuff they expose, but maybe it could be helpful for you? It's worth looking into if that's the route you wanna take. For what it's worth, I think there's a loophole somewhere, and I hope you figure it out. It really sucks.
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#30 of 30 Old 06-24-2006, 11:31 PM
 
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mblanford I like your blog!
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