This is truly where the danger lies. You can say that you're trying to make rulesets that are accurate to the world we live in, without acknowledging that you fall heir to, and may in fact be producing this generation's version of, historical policy decisions that contributed to or outright created racial division and disparities in the first place. Then and now exist an appeal to empiricism that takes the current state as the natural order, and not one manufactured by past decisions which aimed specifically at a particular, and not altogether organic, conclusion.