"At the center of Northpointe’s argument was an essentialist fallacy: Because persons that police classified as Afro-Americans were re-arrested more often in the training dataset, they claimed, COMPAS is justified in predicting that other persons classified as Afro-Americans by police—even in a different city, state, and time period—are more likely to be re-arrested. The cycling of classification into data then back into classification echoes W.E.B. Dubois’ 1923 definition, “the black man is the man who has to ride Jim Crow in Georgia.”"

Sounds like the answer is yes.