When an employer intentionally treats some employees less favorably than others, the legal theory that applies is:

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Disparate treatment occurs when an employer intentionally discriminates against an individual or group of individuals based on a protected characteristic such as race, gender, or age. This is different from disparate impact, which occurs when a seemingly neutral policy or practice has an unfair or disproportionate impact on a particular group. Affirmative action is a policy designed to address past discrimination and promote diversity in the workplace, while reverse discrimination refers to discrimination against members of a majority group in favor of members of a minority group.

When an Employer Intentionally Treats Some Employees Less Favorably Than