In South Africa the term fair/unfair discrimination is often used to illustrate between lawful and unlawful discrimination. I get annoyed when they have the anti racism campaigns in English football when they say that society has to eradicate all forms of discrimination. I think they may mean all forms of unfair discrimination but it still seems ignorant to what discrimination really means.
There was a landmark case in the Western Cape where a rich wine farm was left in a will to the land owner's nephews. The land owner's 5 daughters sought to have the will deemed invalid because the daughters believed it was discriminated based on gender, because right or wrongly the land owner believed farming was a man's job.
After years of litigation the SA courts said that although the sister was indeed discriminated against that it does not invalidate a will. People are free to leave their possession in a will in accordance with any reason they may choose. In effect deeming it fair discrimination. Also noting an inheritance is a gift and nobody has a right to it.
So in closing, I would like to know if the US system has a similar concept of fair and unfair discrimination. If they even use those words. After all you discriminate against Pepsi everytime you buy Coke.