It depends. Are the inputs to the algorithm themselves discriminatory? If so, then yes that would be appropriate. But that is a different conversation. They determined the passenger may be unsafe and did nothing.

Mind you, these companies work very hard for us to not know how they match A to B, usually so we don’t notice things like their disregard for safety.

The inputs wouldn’t even matter; the inputs could even be above reproach but if there were disparate impacts in terms of outcomes, the case for liability could be made.