Following precedent in employment discrimination law, two notions of disparity are widely-discussed in papers on fairness and ML. Algorithms exhibit treatment disparity if they formally treat members of protected subgroups differently; algorithms exhibit impact disparity when outcomes differ across subgroups (even unintentionally). Naturally, we can achieve impact parity through purposeful treatment disparity. One line of papers aims to reconcile the two parities proposing disparate learning processes (DLPs). Here, the sensitive feature is used during training but a group-blind classifier is produced. In this paper, we show that: (i) when sensitive and (nominally) nonsensitive features are correlated, DLPs will indirectly implement treatment disparity, undermining the policy desiderata they are designed to address; (ii) when group membership is partly revealed by other features, DLPs induce within-class discrimination; and (iii) in general, DLPs provide suboptimal trade-offs between accuracy and impact parity. Experimental results on several real-world datasets highlight the practical consequences of applying DLPs.

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Naturally, we can achieve impact parity through purposeful treatment disparity. One line of papers aims to reconcile the two parities proposing disparate learning processes (DLPs). Here, the sensitive feature is used during training but a group-blind classifier is produced.

Fairness studies of algorithmic decision-making systems often simplify complex decision processes, such as bail or loan approvals, into binary classification tasks. However, these approaches overlook that such decisions are not inherently binary (e.g., approve or not approve bail or loan); they also involve non-binary treatment decisions (e.g., bail conditions or loan terms) that can influence the downstream outcomes (e.g., loan repayment or reoffending). In this paper, we argue that non-binary treatment decisions are integral to the decision process and controlled by decision-makers and, therefore, should be central to fairness analyses in algorithmic decision-making. We propose a causal framework that extends fairness analyses and explicitly distinguishes between decision-subjects' covariates and the treatment decisions. This specification allows decision-makers to use our framework to (i) measure treatment disparity and its downstream effects in historical data and, using counterfactual reasoning, (ii) mitigate the impact of past unfair treatment decisions when automating decision-making. We use our framework to empirically analyze four widely used loan approval datasets to reveal potential disparity in non-binary treatment decisions and their discriminatory impact on outcomes, highlighting the need to incorporate treatment decisions in fairness assessments. Moreover, by intervening in treatment decisions, we show that our framework effectively mitigates treatment discrimination from historical data to ensure fair risk score estimation and (non-binary) decision-making processes that benefit all stakeholders.

This paper tackles a class of algorithms defined as Disparate Learning Processes (DLP) which use the sensitive feature while training and then make predictions without access at the sensitive feature. DLPs have appeared in multiple prior works, and the authors argue that DLPs do not necessarily guarantee treatment parity, which could then hurt impact parity. The theoretical analysis focuses on relating treatment disparity to utility and then optimal decision rules for various conditions. Most notably the per-group thresholding yields optimal rules to reduce the CV gap. As outlined in the beginning of section 4, the theoretical advantages of DLPs seems to optimality, rational ordering, and "no additional harm" to the protected group.

Following precedent in employment discrimination law, two notions of disparity are widely-discussed in papers on fairness and ML. Algorithms exhibit treatment disparity if they formally treat members of protected subgroups differently; algorithms exhibit impact disparity when outcomes differ across subgroups (even unintentionally). Naturally, we can achieve impact parity through purposeful treatment disparity. One line of papers aims to reconcile the two parities proposing disparate learning processes (DLPs). Here, the sensitive feature is used during training but a group-blind classifier is produced.

Following precedent in employment discrimination law, two notions of disparity are widely-discussed in papers on fairness and ML. Algorithms exhibit treatment disparity if they formally treat members of protected subgroups differently; algorithms exhibit impact disparity when outcomes differ across subgroups (even unintentionally). Naturally, we can achieve impact parity through purposeful treatment disparity. One line of papers aims to reconcile the two parities proposing disparate learning processes (DLPs). Here, the sensitive feature is used during training but a group-blind classifier is produced. In this paper, we show that: (i) when sensitive and (nominally) nonsensitive features are correlated, DLPs will indirectly implement treatment disparity, undermining the policy desiderata they are designed to address; (ii) when group membership is partly revealed by other features, DLPs induce within-class discrimination; and (iii) in general, DLPs provide suboptimal trade-offs between accuracy and impact parity. Experimental results on several real-world datasets highlight the practical consequences of applying DLPs.

Following precedent in employment discrimination law, two notions of disparity are widely-discussed in papers on fairness and ML. Algorithms exhibit treatment disparity if they formally treat members of protected subgroups differently; algorithms exhibit impact disparity when outcomes differ across subgroups (even unintentionally). Naturally, we can achieve impact parity through purposeful treatment disparity. One line of papers aims to reconcile the two parities proposing disparate learning processes (DLPs). Here, the sensitive feature is used during training but a group-blind classifier is produced. In this paper, we show that: (i) when sensitive and (nominally) nonsensitive features are correlated, DLPs will indirectly implement treatment disparity, undermining the policy desiderata they are designed to address; (ii) when group membership is partly revealed by other features, DLPs induce within-class discrimination; and (iii) in general, DLPs provide suboptimal trade-offs between accuracy and impact parity. Experimental results on several real-world datasets highlight the practical consequences of applying DLPs.

Following related work in law and policy, two notions of disparity have come to shape the study of fairness in algorithmic decision-making. Algorithms exhibit treatment disparity if they formally treat members of protected subgroups differently; algorithms exhibit impact disparity when outcomes differ across subgroups, even if the correlation arises unintentionally. Naturally, we can achieve impact parity through purposeful treatment disparity. In one thread of technical work, papers aim to reconcile the two forms of parity proposing disparate learning processes (DLPs). Here, the learning algorithm can see group membership during training but produce a classifier that is group-blind at test time. In this paper, we show theoretically that: (i) When other features correlate to group membership, DLPs will (indirectly) implement treatment disparity, undermining the policy desiderata they are designed to address; (ii) When group membership is partly revealed by other features, DLPs induce within-class discrimination; and (iii) In general, DLPs provide a suboptimal trade-off between accuracy and impact parity. Based on our technical analysis, we argue that transparent treatment disparity is preferable to occluded methods for achieving impact parity. Experimental results on several real-world datasets highlight the practical consequences of applying DLPs vs. per-group thresholds.