Discrimination in the Age of Algorithms
Not on the map. Why?
Abstract (arXiv)
The law forbids discrimination. But the ambiguity of human decision-making often makes it extraordinarily hard for the legal system to know whether anyone has actually discriminated. To understand how algorithms affect discrimination, we must therefore also understand how they affect the problem of detecting discrimination. By one measure, algorithms are fundamentally opaque, not just cognitively but even mathematically. Yet for the task of proving discrimination, processes involving algorithms can provide crucial forms of transparency that are otherwise unavailable. These benefits do not happen automatically. But with appropriate requirements in place, the use of algorithms will make it possible to more easily examine and interrogate the entire decision process, thereby making it far easier to know whether discrimination has occurred. By forcing a new level of specificity, the use of algorithms also highlights, and makes transparent, central tradeoffs among competing values. Algorithms are not only a threat to be regulated; with the right safeguards in place, they have the potential to be a positive force for equity.
Key facts. Cited by 51 papers in the map (data through 14 Oct 2026). First posted on arXiv 11 Feb 2019.
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Citing papers per year: 2021: 4; 2022: 15; 2023: 16; 2024: 8; 2025: 5; 2026: 3.
51 papers.
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- 2024Large Legal Fictions: Profiling Legal Hallucinations in Large Language Modelscited by 150
- 2022Post-Hoc Explanations Fail to Achieve their Purpose in Adversarial Contextscited by 53
- 2022Leveling Down in Computer Vision: Pareto Inefficiencies in Fair Deep Classifierscited by 53
- 2022FairLex: A Multilingual Benchmark for Evaluating Fairness in Legal Text Processingcited by 49
- 2022What-is and How-to for Fairness in Machine Learning: A Survey, Reflection, and Perspectivecited by 18
- 2022Algorithmic Fairness in Business Analytics: Directions for Research and Practicecited by 18
- 2021Leveraging Expert Consistency to Improve Algorithmic Decision Supportcited by 17
- 2022Investigations of Performance and Bias in Human-AI Teamwork in Hiringcited by 16
- 2021IFBiD: Inference-Free Bias Detectioncited by 11
- 2022Mimetic Models: Ethical Implications of AI that Acts Like Youcited by 11
- 2023Fair Off-Policy Learning from Observational Datacited by 11
- 2024Evaluating AI for Law: Bridging the Gap with Open-Source Solutionscited by 11
38 more
- 2023Causal Fairness under Unobserved Confounding: A Neural Sensitivity Frameworkcited by 10
- 2023Counterfactual Situation Testing: Uncovering Discrimination under Fairness given the Differencecited by 8
- 2024The Ethics of AI in Educationcited by 7
- 2023Toward responsible face datasets: modeling the distribution of a disentangled latent space for sampling face images from demographic groupscited by 6
- 2024Synthetic to Authentic: Transferring Realism to 3D Face Renderings for Boosting Face Recognitioncited by 5
- 2021Escaping the Impossibility of Fairness: From Formal to Substantive Algorithmic Fairnesscited by 4
- 2022Trucks Don't Mean Trump: Diagnosing Human Error in Image Analysiscited by 4
- 2022Locating disparities in machine learningcited by 4
- 2022Fairness in Forecasting of Observations of Linear Dynamical Systemscited by 4
- 2023Consistent End-to-End Estimation for Counterfactual Fairnesscited by 4
- 2021Unpacking the Black Box: Regulating Algorithmic Decisionscited by 3
- 2022Distributive Justice as the Foundational Premise of Fair ML: Unification, Extension, and Interpretation of Group Fairness Metricscited by 3
- 2023Disparity, Inequality, and Accuracy Tradeoffs in Graph Neural Networks for Node Classificationcited by 3
- 2024A Review of Fairness and A Practical Guide to Selecting Context-Appropriate Fairness Metrics in Machine Learningcited by 3
- 2025The Right to AIcited by 3
- 2022Balancing Utility and Fairness in Submodular Maximization (Technical Report)cited by 2
- 2023Designing Equitable Algorithmscited by 2
- 2023Is the U.S. Legal System Ready for AI's Challenges to Human Values?cited by 2
- 2024Toward A Causal Framework for Modeling Perceptioncited by 2
- 2024Mutatis Mutandis: Revisiting the Comparator in Discrimination Testingcited by 2
- 2024Formalising Anti-Discrimination Law in Automated Decision Systemscited by 2
- 2025Counterfactual Situation Testing: From Single to Multidimensional Discriminationcited by 2
- 2022Uncovering the Source of Machine Biascited by 1
- 2023Linking convolutional kernel size to generalization bias in face analysis CNNscited by 1
- 2023GELDA: A generative language annotation framework to reveal visual biases in datasetscited by 1
- 2025Auditing a Dutch Public Sector Risk Profiling Algorithm Using an Unsupervised Bias Detection Toolcited by 1
- 2025A Rapid Test for Accuracy and Bias of Face Recognition Technologycited by 1
- 2022Walk a Mile in Their Shoes: a New Fairness Criterion for Machine Learningcited by 0
- 2022Prioritizing emergency evacuations under compounding levels of uncertaintycited by 0
- 2023Fairness meets Cross-Domain Learning: a new perspective on Models and Metricscited by 0
- 2023Oversampling Higher-Performing Minorities During Machine Learning Model Training Reduces Adverse Impact Slightly but Also Reduces Model Accuracycited by 0
- 2023What's the Problem, Linda? The Conjunction Fallacy as a Fairness Problemcited by 0
- 2023Measuring, Interpreting, and Improving Fairness of Algorithms using Causal Inference and Randomized Experimentscited by 0
- 2023Interventions Against Machine-Assisted Statistical Discriminationcited by 0
- 2023Should they? Mobile Biometrics and Technopolicy meet Queer Community Considerationscited by 0
- 2025Does AI and Human Advice Mitigate Punishment for Selfish Behavior? An Experiment on AI ethics From a Psychological Perspectivecited by 0
- 2026Sima AIunty: Caste Audit in LLM-Driven Matchmakingcited by 0
- 2026VET: A Framework for Analyzing AI Discoursecited by 0
50 most cited of 51 All 51 (JSON)
- 2026Governing Well in the Algorithmic Age: The Foundations of Digital Statecraft20 Jul 2026
- 2026VET: A Framework for Analyzing AI Discourse1 Jun 2026
- 2026Sima AIunty: Caste Audit in LLM-Driven Matchmaking31 Mar 2026
- 2025Does AI and Human Advice Mitigate Punishment for Selfish Behavior? An Experiment on AI ethics From a Psychological Perspective26 May 2025
- 2025A Rapid Test for Accuracy and Bias of Face Recognition Technology20 Feb 2025
- 2025Auditing a Dutch Public Sector Risk Profiling Algorithm Using an Unsupervised Bias Detection Tool3 Feb 2025
- 2025Counterfactual Situation Testing: From Single to Multidimensional Discrimination3 Feb 2025
- 2025The Right to AI29 Jan 2025
- 2024A Review of Fairness and A Practical Guide to Selecting Context-Appropriate Fairness Metrics in Machine Learning10 Nov 2024
- 2024Synthetic to Authentic: Transferring Realism to 3D Face Renderings for Boosting Face Recognition10 Jul 2024
- 2024Formalising Anti-Discrimination Law in Automated Decision Systems29 Jun 2024
- 2024Mutatis Mutandis: Revisiting the Comparator in Discrimination Testing22 May 2024
38 more
- 2024Evaluating AI for Law: Bridging the Gap with Open-Source Solutions18 Apr 2024
- 2024The Ethics of AI in Education22 Mar 2024
- 2024Toward A Causal Framework for Modeling Perception24 Jan 2024
- 2024Large Legal Fictions: Profiling Legal Hallucinations in Large Language Models2 Jan 2024
- 2023Causal Fairness under Unobserved Confounding: A Neural Sensitivity Framework30 Nov 2023
- 2023GELDA: A generative language annotation framework to reveal visual biases in datasets29 Nov 2023
- 2023Consistent End-to-End Estimation for Counterfactual Fairness26 Oct 2023
- 2023Should they? Mobile Biometrics and Technopolicy meet Queer Community Considerations6 Oct 2023
- 2023Interventions Against Machine-Assisted Statistical Discrimination6 Oct 2023
- 2023Toward responsible face datasets: modeling the distribution of a disentangled latent space for sampling face images from demographic groups15 Sep 2023
- 2023Measuring, Interpreting, and Improving Fairness of Algorithms using Causal Inference and Randomized Experiments4 Sep 2023
- 2023Is the U.S. Legal System Ready for AI's Challenges to Human Values?30 Aug 2023
- 2023Disparity, Inequality, and Accuracy Tradeoffs in Graph Neural Networks for Node Classification18 Aug 2023
- 2023What's the Problem, Linda? The Conjunction Fallacy as a Fairness Problem16 May 2023
- 2023Oversampling Higher-Performing Minorities During Machine Learning Model Training Reduces Adverse Impact Slightly but Also Reduces Model Accuracy27 Apr 2023
- 2023Fairness meets Cross-Domain Learning: a new perspective on Models and Metrics25 Mar 2023
- 2023Fair Off-Policy Learning from Observational Data15 Mar 2023
- 2023Counterfactual Situation Testing: Uncovering Discrimination under Fairness given the Difference23 Feb 2023
- 2023Designing Equitable Algorithms17 Feb 2023
- 2023Linking convolutional kernel size to generalization bias in face analysis CNNs7 Feb 2023
- 2022Balancing Utility and Fairness in Submodular Maximization (Technical Report)2 Nov 2022
- 2022Walk a Mile in Their Shoes: a New Fairness Criterion for Machine Learning13 Oct 2022
- 2022Prioritizing emergency evacuations under compounding levels of uncertainty30 Sep 2022
- 2022Fairness in Forecasting of Observations of Linear Dynamical Systems12 Sep 2022
- 2022Locating disparities in machine learning13 Aug 2022
- 2022Algorithmic Fairness in Business Analytics: Directions for Research and Practice22 Jul 2022
- 2022Mimetic Models: Ethical Implications of AI that Acts Like You19 Jul 2022
- 2022What-is and How-to for Fairness in Machine Learning: A Survey, Reflection, and Perspective8 Jun 2022
- 2022Distributive Justice as the Foundational Premise of Fair ML: Unification, Extension, and Interpretation of Group Fairness Metrics6 Jun 2022
- 2022Trucks Don't Mean Trump: Diagnosing Human Error in Image Analysis15 May 2022
- 2022FairLex: A Multilingual Benchmark for Evaluating Fairness in Legal Text Processing14 Mar 2022
- 2022Leveling Down in Computer Vision: Pareto Inefficiencies in Fair Deep Classifiers9 Mar 2022
- 2022Investigations of Performance and Bias in Human-AI Teamwork in Hiring21 Feb 2022
- 2022Post-Hoc Explanations Fail to Achieve their Purpose in Adversarial Contexts25 Jan 2022
- 2022Uncovering the Source of Machine Bias9 Jan 2022
- 2021Unpacking the Black Box: Regulating Algorithmic Decisions5 Oct 2021
- 2021IFBiD: Inference-Free Bias Detection9 Sep 2021
- 2021Escaping the Impossibility of Fairness: From Formal to Substantive Algorithmic Fairness9 Jul 2021
50 newest of 51 All 51 (JSON)
- 2024Large Legal Fictions: Profiling Legal Hallucinations in Large Language Modelscited by 150
- 2022Post-Hoc Explanations Fail to Achieve their Purpose in Adversarial Contextscited by 53
- 2022Leveling Down in Computer Vision: Pareto Inefficiencies in Fair Deep Classifierscited by 53
- 2022FairLex: A Multilingual Benchmark for Evaluating Fairness in Legal Text Processingcited by 49
- 2022What-is and How-to for Fairness in Machine Learning: A Survey, Reflection, and Perspectivecited by 18
- 2022Algorithmic Fairness in Business Analytics: Directions for Research and Practicecited by 18
- 2021Leveraging Expert Consistency to Improve Algorithmic Decision Supportcited by 17
- 2022Investigations of Performance and Bias in Human-AI Teamwork in Hiringcited by 16
- 2021IFBiD: Inference-Free Bias Detectioncited by 11
- 2022Mimetic Models: Ethical Implications of AI that Acts Like Youcited by 11
- 2023Fair Off-Policy Learning from Observational Datacited by 11
- 2024Evaluating AI for Law: Bridging the Gap with Open-Source Solutionscited by 11
12 most cited of 51 All 51 (JSON)
- 2026Governing Well in the Algorithmic Age: The Foundations of Digital Statecraft20 Jul 2026
- 2026VET: A Framework for Analyzing AI Discourse1 Jun 2026
- 2026Sima AIunty: Caste Audit in LLM-Driven Matchmaking31 Mar 2026
- 2025Does AI and Human Advice Mitigate Punishment for Selfish Behavior? An Experiment on AI ethics From a Psychological Perspective26 May 2025
- 2025A Rapid Test for Accuracy and Bias of Face Recognition Technology20 Feb 2025
- 2025Auditing a Dutch Public Sector Risk Profiling Algorithm Using an Unsupervised Bias Detection Tool3 Feb 2025
- 2025Counterfactual Situation Testing: From Single to Multidimensional Discrimination3 Feb 2025
- 2025The Right to AI29 Jan 2025
- 2024A Review of Fairness and A Practical Guide to Selecting Context-Appropriate Fairness Metrics in Machine Learning10 Nov 2024
- 2024Synthetic to Authentic: Transferring Realism to 3D Face Renderings for Boosting Face Recognition10 Jul 2024
- 2024Formalising Anti-Discrimination Law in Automated Decision Systems29 Jun 2024
- 2024Mutatis Mutandis: Revisiting the Comparator in Discrimination Testing22 May 2024
12 newest of 51 All 51 (JSON)