The law says racism is illegal in certain situations, and society says racism is undesirable in most situations.
The law and society aren't claiming that racism is statistically non-optimal -- in fact, there are lots of things more optimal than status quo that many people would find totally horrifying.
If are widely replacing human systems with AI systems, I think this is a legitimate concern.
I really depart from the article in two areas:
1. The AI will inherit the biases of its creators. This is possible but far from guaranteed. And relatedly, inclusivity of the development team guarantees nothing regarding the goals of the system.
2. Criticising the people who are warning of the problem and trying to do something about it. This is related to the AI control problem. There is no switch that can be flipped that will prevent AI systems from Bad Ideas. It's not that we just aren't flipping it to preserve our chokehold on captialism. Implementing morality in AI systems is a genuinely monumental problem. And the people who are doing something about it are behaving very altruistically.