Audits Under Resource, Data, and Access Constraints: Scaling Laws For Less Discriminatory Alternatives

AI audits play a critical role in AI accountability and safety. They are particularly salient in anti-discrimination law. Several areas of anti-discrimination law implicate what is known as the "less discriminatory alternative" (LDA) requirement, under which a protocol is defensible if no less discriminatory model that achieves comparable performance can be found with reasonable effort. Notably, the burden of proving an LDA exists typically falls on the claimant (the party alleging discrimination). This creates a significant hurdle in AI cases, as the claimant would seemingly need to train a less discriminatory yet high-performing model, a task requiring resources and expertise beyond most litigants.