I own and manage a business with 11 full time employees, all office workers in a single location. One of my employees, a man in his late twenties who joined the company two months ago, has a severe body odor problem. He consistently has a strong, pungent smell that is noticeable from around 8-10 feet away and overwhelming within arm's length of him. It's not urine or feces or even a regular sweaty smell ... just really pungent and sharp.

I serve as CEO and HR for the team. We work in an open-plan space with cubicles (it's well-ventilated and air-conditioned). About half of my staff members (those who sit nearest to his cube) have approached me privately to complain about his odor. I initially addressed this with him in a performance review almost a month ago. We had a respectful, productive conversation. He said he was unaware of the problem but would visit his doctor to see if it was a medical issue.

We met again two weeks later, and he'd been given a clean bill of health. I assured him that I wanted to work with him on a solution, and we reviewed personal hygiene and grooming expectations on the job. Fortunately the handbook does include language about this, so I could refer to a specific company policy. I explained that our minimum expectations were showering or bathing daily and wearing clean clothing and antiperspirant/deodorant. I acknowledged that it has been very hot/humid outside, and sometimes more effort is necessary this time of year. I asked if he felt he could make improvements. He said he already did these things, but that he'd try showering even more frequently, using different soap, deodorant, detergent, etc. We are meeting again next week.

There has been no change, and the odor problem is lowering the productivity and morale of my other employees. Several have been trying to work from the conference room, so they miss calls on their desk phones and I constantly have to shoo people out and clear the table before meetings. One of my employees is pregnant and hypersensitive to smells, to the point of vomiting. The whole team has been supportive, avoided bringing certain foods to work, stopped wearing perfume, answered her phone when she leaves to throw up, etc., but even after shuffling cubes, his odor still drifts to her cube and makes her ill. As a general rule we don't allow telecommuting (some job functions can't be handled remotely), but I made an exception and reassigned some responsibilities so she could work from home until her maternity leave. People who've taken on the extra work blame him for making the environment intolerable, but AFAIK nobody has directly confronted him about this.

People are frustrated with me, avoiding him, and doing everything they can to mask the odor. Now that our pregnant employee is offsite, they're soaking the place in Febreeze, smearing Vaporub under their noses, putting potpourri on their desks, positioning fans to blow air away from their cubes. He's been a good employee in every other respect, but if he can't fix this issue, I need to let him go.

Assuming he's been truthful about his personal hygiene, I suspect his diet is contributing to the problem. He often brings very strong smelling Indian food in from home, and I've read that this can affect body odor even when a person is diligent about showering and laundry. We are a diverse group, but he is currently the only Indian-American employee. I'm aware that this is a common stereotype that many people unfairly assume is true of Indian people, but we have a real, objective, well-documented problem here. I don't know whether to bring up the possibility that his food is the issue - I don't want him to feel targeted because of his culture or national origin, but I also want to give him every opportunity to correct the problem and continue working here. If I have to terminate him, I don't want to do so in a way that could lead to a lawsuit.

Could a legitimate claim of workplace discrimination could be made if a person is fired because of body odor caused by food that's part of their cultural identity? Do I need to consult with a lawyer before our next meeting? Have I already screwed up here? I've been thoroughly documenting the complaints I receive, my meetings with this employee, and the goals and potential solutions we discuss. Any advice is welcome.

EDIT TO ADD: I have no reason to believe he's not taking proper care of himself because of a personal problem or circumstances beyond his control. If you ignore the smell, he appears well-groomed. Neatly combed hair, appropriate clothes that aren't stained or wrinkled, clean-shaven face, nails trimmed, designer wristwatch and glasses. He looks as though he puts more effort into his looks than some of other male employees. It's a casual office, so the bar isn't super-high. As long as there's nothing offensive going on, you're fine.

ANOTHER EDIT: Since many of you have suggested that his doctor may have missed something - if the problem is medical in nature, what are my obligations to him as an employer? I'm not sure how treatable the various odor-causing conditions are. If a doctor can't fix it, I've got the same problem I have now.