The good news is that several federal agencies have jointly pledged " to vigorously use our collective authorities to protect individuals’ rights regardless of whether legal violations occur through traditional means or advanced technologies."

ttps://www.ftc.gov/system/files/ftc_gov/pdf/EEOC-CRT-FTC-CFPB-AI-Joint-Statement%28final%29.pdf

Whether they follow through with effective enforcement is a different question.

In this case, the disproportionate use of AI to replace models of color, as opposed to white models, could be employment discrimination under Title VII (at least until SCOTUS eliminates the disproportionate impact theory).

https://medium.com/@qcp/why-our-laws-against-discrimination-have-failed-a85c4e83a6d4

However, if companies are displacing all models with AI, regardless of color, there is no case for discrimination.

There is also the perspective of the artist to consider. When my wife was in Art School, she was often questioned when she put a person of color in her art, as if every such colored figure was a "statement" while a white figure was not questioned. If including colored figures in commercial art is considered normal, and no longer questioned as a "statement," that is progress.