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Abstract
Disparate impact doctrine offers an important legal apparatus for targeting
unfair data-driven algorithmic decisions. A recent body of work has focused on
conceptualizing and operationalizing one particular construct from this
doctrine -- the less discriminatory alternative, an alternative policy that
reduces disparities while meeting the same business needs of a status quo or
baseline policy. This paper puts forward four fundamental results, which each
represent limits to searching for and using less discriminatory algorithms
(LDAs). (1) Statistically, although LDAs are almost always identifiable in
retrospect on fixed populations, making conclusions about how alternative
classifiers perform on an unobserved distribution is more difficult. (2)
Mathematically, a classifier can only exhibit certain combinations of accuracy
and selection rate disparity between groups, given the size of each group and
the base rate of the property or outcome of interest in each group. (3)
Computationally, a search for a lower-disparity classifier at some baseline
level of utility is NP-hard. (4) From a modeling and consumer welfare
perspective, defining an LDA only in terms of business needs can lead to LDAs
that leave consumers strictly worse off, including members of the disadvantaged
group. These findings, which may seem on their face to give firms strong
defenses against discrimination claims, only tell part of the story. For each
of our negative results limiting what is attainable in this setting, we offer
positive results demonstrating that there exist effective and low-cost
strategies that are remarkably effective at identifying viable lower-disparity
policies.