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The Equal Enployment Opportunity Commisson specifies the following:

http://www.eeoc.gov/laws/guidance/section-2-threshold-issues

> d. Partners, Officers, Members of Boards of Directors, and Major Shareholders(76) > In most circumstances, individuals who are partners, officers, members of boards of directors, or major shareholders will not qualify as employees.(77) An individual's title, however, does not determine whether the individual is a partner, officer, member of a board of directors, or major shareholder, as opposed to an employee. The investigator should determine whether the individual acts independently and participates in managing the organization, or whether the individual is subject to the organization's control.(78) If the individual is subject to the organization's control, s/he is an employee.

There is then more criteria and details to determine if the person is considered an employee or not. But the point here is that a board member isn’t necessarily considered an employee, thus isn’t always subject to discrimination protection (as far as I understand).