Causation in Antidiscrimination Law: Beyond Intent Versus Impact

By Sheila Rose Foster. 2004

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Achieving Non-Discrimination in Data Release (2016, background): “Discrimination refers to unjustified distinctions of individuals based on their membership in a certain group.”
Exposing the probabilistic causal structure of discrimination (2015, background): “Although these definitions do not directly imply causation, as stated in [9] all discrimination claims require plaintiffs to demonstrate a causal connection between the challenged outcome and a protected status characteristic.”
Open the Black Box Data-Driven Explanation of Black Box Decision Systems (2018, background): “This is a central problem when correlation is not enough, e.g., in the context of discrimination litigation [15].”
Situation Testing-Based Discrimination Discovery: A Causal Inference Approach (2016, background): “Typically, a discrimination claim means demonstrating a direct causal connection between protected attribute C and decision attribute E [Foster, 2004].”