Yes, but "black people" is and you can easily extract that form a picture. Outright removing the CV because of the picture, regardless of reason, can be argued that you _actually_ did that because of being a protected class.

Of course, it's probably easier if you can prove that you discard _all_ CV's with pictures anyways. But have some exceptions go through and you might get screwed.

Regardless, if you don't have a clearly stated policy of dismissing CV's with pictures, it just feels like an asshole move, frankly.