Towards Effective Discrimination Testing for Generative AI
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Abstract (arXiv)
Generative AI (GenAI) models present new challenges in regulating against discriminatory behavior. In this paper, we argue that GenAI fairness research still has not met these challenges; instead, a significant gap remains between existing bias assessment methods and regulatory goals. This leads to ineffective regulation that can allow deployment of reportedly fair, yet actually discriminatory, GenAI systems. Towards remedying this problem, we connect the legal and technical literature around GenAI bias evaluation and identify areas of misalignment. Through four case studies, we demonstrate how this misalignment between fairness testing techniques and regulatory goals can result in discriminatory outcomes in real-world deployments, especially in adaptive or complex environments. We offer practical recommendations for improving discrimination testing to better align with regulatory goals and enhance the reliability of fairness assessments in future deployments.
Key facts. Cited by 5 papers in the map (data through 14 Oct 2026). Builds on 54 of its 102 references that are in the map. First posted on arXiv 30 Dec 2024.
Builds on
54 of 102 references.
References · 54
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38 more
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50 most cited of 54 All 54 (JSON)
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Citing papers per year: 2025: 4; 2026: 1.
5 papers.
- 2025Guiding LLM Decision-Making with Fairness Reward Modelscited by 9
- 2025Breaking Down Bias: On The Limits of Generalizable Pruning Strategiescited by 2
- 2026Resume-ing Control: (Mis)Perceptions of Agency Around GenAI Use in Recruiting Workflowscited by 1
- 2025It's complicated. The relationship of algorithmic fairness and non-discrimination provisions for high-risk systems in the EU AI Actcited by 0
- 2025Test-Time Warmup for Multimodal Large Language Modelscited by 0
- 2026Resume-ing Control: (Mis)Perceptions of Agency Around GenAI Use in Recruiting Workflows29 Apr 2026
- 2025Test-Time Warmup for Multimodal Large Language Models12 Sep 2025
- 2025Guiding LLM Decision-Making with Fairness Reward Models15 Jul 2025
- 2025Breaking Down Bias: On The Limits of Generalizable Pruning Strategies11 Feb 2025
- 2025It's complicated. The relationship of algorithmic fairness and non-discrimination provisions for high-risk systems in the EU AI Act22 Jan 2025