Sure. I'm happy to comment on it.
I think the term “substantially similar to discrimination” is a bit vague. It doesn't really have a clear legal meaning, so it's discrimination or it's not. For something that is “substantially similar” to it but is not discrimination, exactly what that means and how it could constitute misconduct would seem a bit unclear.
We're not aware of any kind of instrument that would define what constitutes “substantially similar to discrimination” and how it might constitute misconduct.