A: It is important that you check references before making hiring decisions. A candidate may sell themselves very well during the interview process. However, this is only one chapter of their story. Once you’ve talked to their former employers, you’ll be able to say, “and now I know the rest of the story…”

In the last legislative session, a new law was passed giving employers protection when they provide references on current and former employees. The courts will now presume you are acting in good faith and hold you immune from lawsuits over the content of the reference, under the conditions of the law. The important factors include:

The reference must be at the request of another employer.

The information must be limited to the individual’s job performance, diligence, skill, reliability, or any illegal or wrongful act related to the job duties.

You must not knowingly give false or misleading information or disregard the truth.

Good advice to employers for their protection is to keep records to back up the information in the employee’s file where the employee may view it.

Q: I have an employee who has a chronic problem with body odor. Other employees are complaining about working with this person. How do I handle this?

A: This is never an easy situation to approach with an employee. However, letting this situation continue causes other employees to grumble, snicker, and sometimes become cruel to the offending employee. Unpleasant as it is, it’s best to deal with this situation as soon as you become aware of it.

Because this is a sensitive situation, take the employee into a private area to talk to them. Let them know that there is an issue with their hygiene that they need to deal with. Do not suggest that this might be a health related issue. Doing so may tread upon ADA issues. If the employee suggests that they have a medical condition that is causing the situation, ask for a physician’s certification in order to determine if it will require ADA accommodation. You can then refer to the Job Accommodation Network website (http://janweb.icdi.wvu.edu/) for more information and assistance. Also do not suggest that cultural differences may be contributing to the situation, as you could be treading upon EEO issues.

Be prepared for the employee to be defensive and to offer you rebuttals. Treat the situation with compassion and dignity. Take the embarrassment out of yourself, and you will take the embarrassment out of the situation, and your employee. Be firm with the employee and communicate your expectations. Require them to resolve the situation and offer solutions. Be sure that you monitor the behavior of the other employees in the office to ensure that there is no taunting or teasing. The situation should be treated as a performance related issue and tied to your company’s dress code. If you have a written dress code policy, be sure it contains a statement on hygiene.

This difficult situation can arise in any business, whether you own a construction company, retail store or law office. You must deal with it compassionately and quickly, for the benefit of your employees, your clients and your business.

(Editor’s Note: West Sound Workforce is a local woman-owned staffing company with offices in Gig Harbor and Poulsbo. The company provides temporary and permanent staffing solutions to companies throughout the Kitsap Peninsula. Started in 1998 by Julie Tappero, the firm is staffed by professionals who are committed to the human resources profession. Tappero has her Bachelors in Human Resources and has worked in the HR field for over 30 years. West Sound Workforce may be reached at 360-394-1882 or 253-853-3633.).