I decline to answer your questions about hypotheticals (a black person who says the same thing, or a hypothetical VC firm, etc.). I believe these are interesting questions, but I do not believe that anyone can come up with a set of rules or laws that captures precisely the outcomes we wish to see; as a result, I retreat to a far less ambitious perspective, where I intend to deal with things like this on a case-by-case basis using empathy and common sense, taking the unique circumstances into account.
I hope that this helps, and I recognize that you may not agree with the choice that I made. But I did my best.