It's funny you say this because, at least from what I've seen, groups that are historically discriminated against seem to be receiving more latitude in skirting the law.
My suspicion is that leaving things like e.g. qualification for social benefits to the judgment of whoever happens to be talking to the claimant introduces the possibility of bias entering the decision.
It can, but I don't think we should assume it did. Innocent until proven guilty and all, and unfortunately most if not all laws come down to judgement calls by those in charge.
Eh, algorithmic / procedural bias is also a thing, and it can line up with the kinds of protected characteristics the rules are ostensibly there to prevent discrimination on the basis of. See, for example, redlining in the USA. I suspect the benefits of allowing discretion generally outweigh the risks it creates, provided that the aggregate feedback of that discretion is taken into account when redesigning the procedures, so that discretion doesn't become load-bearing as the real world moves on and the procedures stay in the same place.