Adopt the equally effective feature with the smaller: What should the retailer do?
Use the equally effective feature that produces the smaller protected-group disparity.
The question
Under applicable US employment-discrimination law, a retailer uses AI to rank internal candidates for promotion and assign selected candidates to supervisory roles. Testing shows that the current feature produces larger disparities for a protected group, while another feature is equally effective for the promotion criteria and produces smaller disparities. What should the retailer do?
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- Document the disparity and increase monitoring of the current feature.Documentation and monitoring are useful, but they do not address the available equally effective alternative with smaller disparities.
- Choose the cheaper feature.Cost alone does not resolve the documented comparison between equally effective features with different group impacts.
- Keep the accurate feature already in use.Acceptable accuracy alone does not justify retaining a feature when an equally effective, less discriminatory alternative is available.
- Adopt the equally effective feature with the smaller disparity. ✓Using the less discriminatory equally effective alternative better addresses disparate-impact concerns in this employment selection procedure.
The trap
For employment selection tools, compare both effectiveness and protected-group impact; accuracy or monitoring alone is not decisive. How to remember it
Use the equally effective feature that produces the smaller protected-group disparity.
How many of these would you get right?
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