However, if something like "race" or "gender" is actually being used as a feature input, then the output from most ML strategies is highly likely to pick up on correlations between racial and gender groups and certain outputs. That is undoubtedly going to lead to negative discriminatory outputs.
So while I see absolutely no problem with the first scenario I mentioned, and I clearly see a problem with the second scenario...I'm inclined to believe that the politics of many people would lead them to have a problem with both.