both, Derek... but I am discriminating in a non-proscribed way.
In my experience, it's easy for the straight white males to think that "common sense" will out, and prevent any kind of racial bias. I am one, I know.
Look, derek, I look white too... and I grew up in California, and I saw with my own two eyes what some people will do if allowed to. My mom does not look white - and she had to ride in the back of a bus as a child on a family visit in the South.
Just because you've never tried to take advantage of it does not mean it doesn't happen. We pink apes are afraid of what's different, until we learn that we don't have to be - and thos laws are sometimes the only way we do find out that we don't have to be afraid of those who are different. Look at stories written by white kids in schools that were segregated in the American South, and how that experience changed their views on blacks.
And sir, if I may point out - you have not constructed an argument yet, formally speaking - you just made a statement, as did I. :)