The Neutrality Fallacy: When Algorithmic Fairness Interventions are (Not) Positive Action
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Abstract (arXiv)
Various metrics and interventions have been developed to identify and mitigate unfair outputs of machine learning systems. While individuals and organizations have an obligation to avoid discrimination, the use of fairness-aware machine learning interventions has also been described as amounting to 'algorithmic positive action' under European Union (EU) non-discrimination law. As the Court of Justice of the European Union has been strict when it comes to assessing the lawfulness of positive action, this would impose a significant legal burden on those wishing to implement fair-ml interventions. In this paper, we propose that algorithmic fairness interventions often should be interpreted as a means to prevent discrimination, rather than a measure of positive action. Specifically, we suggest that this category mistake can often be attributed to neutrality fallacies: faulty assumptions regarding the neutrality of fairness-aware algorithmic decision-making. Our findings raise the question of whether a negative obligation to refrain from discrimination is sufficient in the context of algorithmic decision-making. Consequently, we suggest moving away from a duty to 'not do harm' towards a positive obligation to actively 'do no harm' as a more adequate framework for algorithmic decision-making and fair ml-interventions.
Key facts. Cited by 6 papers in the map (data through 14 Oct 2026). Builds on 9 of its 61 references that are in the map. First posted on arXiv 18 Apr 2024.
Builds on
9 of 61 references.
References · 9
- 2016Equality of Opportunity in Supervised Learningcited by 2,007
- 2019Measurement and Fairnesscited by 308
- 2019Towards a Critical Race Methodology in Algorithmic Fairnesscited by 125
- 2023Ground(less) Truth: A Causal Framework for Proxy Labels in Human-Algorithm Decision-Makingcited by 25
- 2020Affirmative Algorithms: The Legal Grounds for Fairness as Awarenesscited by 15
- 2023Algorithmic Unfairness through the Lens of EU Non-Discrimination Law: Or Why the Law is not a Decision Treecited by 14
- 2023Counterfactual Prediction Under Outcome Measurement Errorcited by 10
- 2023The Misuse of AUC: What High Impact Risk Assessment Gets Wrongcited by 10
- 2022Are There Exceptions to Goodhart's Law? On the Moral Justification of Fairness-Aware Machine Learningcited by 6
Built on by
Citing papers per year: 2024: 1; 2025: 3; 2026: 2.
6 papers.
- 2025Rigor in AI: Doing Rigorous AI Work Requires a Broader, Responsible AI-Informed Conception of Rigorcited by 7
- 2024Disability data futures: Achievable imaginaries for AI and disability data justicecited by 1
- 2025A Critical Review of Predominant Bias in Neural Networkscited by 0
- 2025Laypeople's Attitudes Towards Fair, Affirmative, and Discriminatory Decision-Making Algorithmscited by 0
- 2026A Global Comparison of Schemas, Transparency, and Interoperability in Public-Sector AI Registers and Inventoriescited by 0
- 2026Fairness Theatre: Evaluating Post-Hoc Fairness Interventions in Vendor-Controlled Early Warning Systemscited by 0
- 2026Fairness Theatre: Evaluating Post-Hoc Fairness Interventions in Vendor-Controlled Early Warning Systems29 Sep 2026
- 2026A Global Comparison of Schemas, Transparency, and Interoperability in Public-Sector AI Registers and Inventories21 Sep 2026
- 2025Rigor in AI: Doing Rigorous AI Work Requires a Broader, Responsible AI-Informed Conception of Rigor17 Jun 2025
- 2025Laypeople's Attitudes Towards Fair, Affirmative, and Discriminatory Decision-Making Algorithms12 May 2025
- 2025A Critical Review of Predominant Bias in Neural Networks16 Feb 2025
- 2024Disability data futures: Achievable imaginaries for AI and disability data justice6 Nov 2024