If you have to stipulate in a legal statute that something is not discrimination, then it's highly probable that that sentence in that statute is the only thing that makes it not discrimination.

Someone ignoring that sentence, but otherwise applying sound reasoning, will come to the conclusion that it's discrimination.

For instance, if the criminal code said that "a person commits an offense if they thumb their nose at a passing police cruiser", then that would be the one and only sentence which makes that a crime. It could not be deduced from anywhere else.