How is criminal sentencing something where you "have the power to change and help yourself"?

I gave one specific example: criminal sentencing. I applied it across two different identity categories, without identifying the categories (or the topic) for a second time because I wanted to get the logic straight.

So, let's add all the specifics back in and let me ask again. I'm leaving out all the caveats this time, for clarity.

Black men receive roughly 20% longer sentences for the same crime than do white men. Is this discrimination?

Men receive roughly 40% longer sentences for the same crime than do women. Is this discrimination?

If the two answers are not the same, why not?