The topic of fairness in AI, as debated in the FATE (Fairness, Accountability, Transparency, and Ethics in AI) communities, has sparked meaningful discussions in the past years. However, from a legal perspective, particularly from the perspective of European Union law, many open questions remain. Whereas algorithmic fairness aims to mitigate structural inequalities at design-level, European non-discrimination law is tailored to individual cases of discrimination after an AI model has been deployed. The AI Act might present a tremendous step towards bridging these two approaches by shifting non-discrimination responsibilities into the design stage of AI models. Based on an integrative reading of the AI Act, we comment on legal as well as technical enforcement problems and propose practical implications on bias detection and bias correction in order to specify and comply with specific technical requirements.

In this critical survey, we analyze typical claims on the relationship between explainable AI (XAI) and fairness to disentangle the multidimensional relationship between these two concepts. Based on a systematic literature review and a subsequent qualitative content analysis, we identify seven archetypal claims from 175 papers on the alleged fairness benefits of XAI. We present crucial caveats with respect to these claims and provide an entry point for future discussions around the potentials and limitations of XAI for specific fairness desiderata. Importantly, we notice that claims are often (i) vague and simplistic, (ii) lacking normative grounding, or (iii) poorly aligned with the actual capabilities of XAI. We encourage to conceive XAI not as an ethical panacea but as one of many tools to approach the multidimensional, sociotechnical challenge of algorithmic fairness. Moreover, when making a claim about XAI and fairness, we emphasize the need to be more specific about what kind of XAI method is used and which fairness desideratum it refers to, how exactly it enables fairness, and who is the stakeholder that benefits from XAI.