Compatibility of Fairness Metrics with EU Non-Discrimination Laws: Demographic Parity & Conditional Demographic Disparity
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Abstract (arXiv)
Empirical evidence suggests that algorithmic decisions driven by Machine Learning (ML) techniques threaten to discriminate against legally protected groups or create new sources of unfairness. This work supports the contextual approach to fairness in EU non-discrimination legal framework and aims at assessing up to what point we can assure legal fairness through fairness metrics and under fairness constraints. For that, we analyze the legal notion of non-discrimination and differential treatment with the fairness definition Demographic Parity (DP) through Conditional Demographic Disparity (CDD). We train and compare different classifiers with fairness constraints to assess whether it is possible to reduce bias in the prediction while enabling the contextual approach to judicial interpretation practiced under EU non-discrimination laws. Our experimental results on three scenarios show that the in-processing bias mitigation algorithm leads to different performances in each of them. Our experiments and analysis suggest that AI-assisted decision-making can be fair from a legal perspective depending on the case at hand and the legal justification. These preliminary results encourage future work which will involve further case studies, metrics, and fairness notions.
Key facts. Cited by 5 papers in the map (data through 7 Oct 2026). Builds on 15 of its 57 references that are in the map. First posted on arXiv 14 Jun 2023.
Builds on
15 of 57 references.
References · 15
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Citing papers per year: 2024: 2; 2025: 2; 2026: 1.
5 papers.
- 2024Implications of the AI Act for Non-Discrimination Law and Algorithmic Fairnesscited by 5
- 2025Engineering the Law-Machine Learning Translation Problem: Developing Legally Aligned Modelscited by 2
- 2024Overcoming Representation Bias in Fairness-Aware data Repair using Optimal Transportcited by 1
- 2025AutoPsyC: Automatic Recognition of Psychodynamic Conflicts from Semi-structured Interviews with Large Language Modelscited by 1
- 2026No evaluation without fair representation : Impact of label and selection bias on the evaluation, performance and mitigation of classification modelscited by 0
- 2026No evaluation without fair representation : Impact of label and selection bias on the evaluation, performance and mitigation of classification models10 Mar 2026
- 2025Engineering the Law-Machine Learning Translation Problem: Developing Legally Aligned Models23 Apr 2025
- 2025AutoPsyC: Automatic Recognition of Psychodynamic Conflicts from Semi-structured Interviews with Large Language Models27 Mar 2025
- 2024Overcoming Representation Bias in Fairness-Aware data Repair using Optimal Transport3 Oct 2024
- 2024Implications of the AI Act for Non-Discrimination Law and Algorithmic Fairness29 Mar 2024