Employment Law Questions? Ask an Employment Lawyer.
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What you describe could be considered illegal discrimination based upon your sister's status as an immigrant. My suggestion is for your sister to file a charge (i.e., a complaint) with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates workplace discrimination. She can read how to file the charge here:
If the EEOC agrees that there was discrimination, then they can attempt to work out a settlement. If a settlement can't be reached, then your sister can retain an attorney to sue the hospital. So, the first step for her is to file the EEOC charge using the website mentioned above.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
It could be construed as discrimination because this type of problem with name changes only affects immigrants. Non-immigrants would never have this problem with the hospital. Also, even if the EEOC were to disagree, the pressure of the charge may get the hospital to take action to correct this issue and get your sister her job back again.
I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
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