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There are various statutes that set forth prohibited discrimination categories. They're not all the same (for instance, there are differences in the laws on housing, public accommodations, and employment) and there are also differences between state law and federal law.
There are also some quirky exceptions (for instance, the "Mrs. Murphy exception" for housing discrimination, which allows discrimination but is not an exception to the prohibition on discriminatory advertising).
What it comes down to, though, is that every form of discrimination is permitted, except that which is prohibited.
Want to keep Democrats out of your restaurant? Go ahead.
Want to prohibit people from parking Japanese cars in your parking lot? No problem.
Want to prohibit Japanese people from working in your factory? No way.
Want to say you won't hire white people? Not allowed.
Want to say you won't hire tattooed people? That's your choice.
Don't want to hire atheists to work in your office? That's prohibited.
Don't want to hire atheists to work as counselors in your church-run religious counseling service? That's okay.
Want to charge people under sixty years old a higher rent? Prohibited.
Want to charge people under sixty years old a higher price for a movie ticket? Legal (in Vermont) because age is not a protected category for public accommodations.
It's not unusual for lawyers to get people calling to complain about how they've been treated and hearing "Isn't that discrimination?" I've heard it myself many times. The question, though, isn't whether it is discrimination, but whether it is prohibited discrimination.
Civil rights law is a pretty broad and complicated area of the law, and I wouldn't hold myself out as an expert in much of it. Still, the general rule remains the same: the only discrimination that is prohibited is discrimination that some law has prohibited. It's a tautology, but it's also true.
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