Then what do you propose be done? If you accuse someone of having an extremely racist AI you need a way to prove they set out to make it that way. You don’t just get to say “It’s racist” and shut it down.
The danger here is of assuming the conclusion, in this case, that race doesn't correlate with anything meaningful. This is still a hotly disputed point.
Ultimately, transparency and reproducibility are the key criteria I think, like it is in science.