I think you need to read the comment again. The author's reply was to your comment saying "if people would just let them", not what the ML algorithm does in the article.
That's somewhat appropriate, but, I think having higher standards for identifying discriminatory practices is covered under the umbrella of 'if people would just let them'.
Achieving that level of a standard is a balance.
There shouldn't be excuses being made. All that can do is contribute to the perpetuation of the conditions that presently exist, because the core issue isn't being identified.
Furthermore, if the core issue is the excuse itself, then again, this is covered under the umbrella of 'if people would just let them'. The secondary issue would then be that the core issue isn't being questioned.