Another way to say that - one that appears less uncaring to readers - would be “yes, including birth month or race in insurance risk calculations would be unfair+, so it should not be done. If necessary, the government should step in to prevent this”.
+ you may squabble with the use of ‘unfair’ here - obviously it is not ‘unfair’ in the stastical sense, but that’s not what the word generally means in spoken English. ‘Inequitable’ would be better, but for some reason ‘equity’ seems to be evolving to mean ‘at all costs, produces equality of outcome’ and so is a victim to the same problem in the opposite direction. I chose the more common word.
[edit: I used insurance here, sorry - the same would apply to loans I think]
I do agree that if you expect corporations to act morally, then it would be sensible for them to be more careful in understanding and correcting long-term social ills.
It is trivial to bake an irrelevant distinction into a naive ML driven process.
Genetic risk of cancer cannot be included in insurance decisions (excluding voluntary life insurance) because a law was passed (GINA) preventing it.
It's not the role of the loan industry to make it easier for black people who appear to be a higher statistical risk to get loans. That's the purpose of government- to make it illegal to include genetic history in life insurance models- provided that society believes in that principle.