Can there be such a thing? The answer - to my mind, self-evidently - is yes. Discrimination in the relevant sense, treating someone unfavourably for no good reason, is a practice; it's something a person does. They don't need malicious or transparently discriminatory motives for it to count as discrimination. If good reasons for their differential treatment of the other party can't be found, then discrimination has occurred. The issue has previously been discussed on this blog with reference to the academic boycott of Israel.
It is raised now in an interesting way by a ruling of the Ontario Human Rights Tribunal. A Toronto police officer, Michael Shaw, stopped and questioned postman Ron Phipps, who is black, and Phipps made a complaint to the Tribunal. The case turns on whether he was acting in a way that could reasonably have occasioned his being stopped and questioned, and the Tribunal adjudicator, Kaye Joachim, has ruled that he wasn't. Hence the finding of racial profiling, although there was, according to the Tribunal, no overt racism.
On the basis only of a few press reports about this, I decline to comment on the details of the case or the Tribunal's handling of it. However, an op-ed piece about it in the Globe and Mail strikes me as open to question:
The decision makes for scary reading, because it says someone can be found guilty just for making someone else feel bad. "There is no need to establish an intention or motivation to discriminate," it says. "[T]he focus of the enquiry is on the effect of the respondent's action on the complainant."
If the Tribunal's ruling really does say that 'someone can be found guilty just for making someone else feel bad', that would be indeed preposterous, but it is not a correct inference from the words actually cited: which say that it is the effect of, and not the motive for, the action that matters. This has not to do with anyone's feelings but with how they're treated - they may be more or less sensitive about it, but the question is 'Were there good grounds for what was done?' and not 'How aggrieved did they feel?'