Incomprehensible Discrimination

By James Grimmelmann, D. Westreich. 2017

The following (fictional) opinion of the (fictional) Zootopia Supreme Court of the (fictional) State of Zootopia is designed to highlight one particularly interesting issue raised by Solon Barocas and Andrew Selbst in Big Data’s Disparate Impact. Their article discusses many ways in which data-intensive algorithmic methods can go wrong when they are used to make employment and other sensitive decisions. Our vignette deals with one in particular: the use of algorithmically derived models that are both predictive of a legitimate goal and have a disparate impact on some individuals. Like Barocas and Selbst, we think it raises fundamental questions about how antidiscrimination law works and about what it ought to do. But we are perhaps slightly more optimistic than they are that the law already has the doctrinal tools it needs to deal appropriately with cases of this sort.

How researchers see this paper

The researchers whose trusted networks rank it highest, strongest advocate first. Every researcher gets a different order.

  1. Zachary Chase Lipton
  2. Julian McAuley
  3. Alexandra Chouldechova
  4. Sarah Wiegreffe
  5. Yongfeng Zhang
  6. Xu Chen
  7. Yoshua Bengio
  8. Adrian Weller

Citations in the corpus