Analyze group outcomes alongside qualifications: Which evidence would best determine whether the concern
Analyze outcomes by group together with qualifications and the decision process.
The question
A US research institution uses an AI score to prioritize applicants for paid research-assistant jobs covered by US employment law. The same rule applies to all applicants, but one protected group receives fewer interview invitations. Which evidence would best determine whether the concern involves disparate treatment, disparate impact, or both?
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- Review protected attributes in the model.Checking for explicit protected attributes may reveal direct use but cannot determine whether neutral inputs create disparate impact or whether decision makers treated applicants differently.
- Compare group selection rates with prior cohorts.Historical comparisons can identify changes in rates but do not analyze current qualifications, treatment, or the operation of the decision process.
- Ask decision makers whether they intended unequal treatment.Intent interviews may provide evidence about disparate treatment but do not resolve the observed disparity from a facially neutral selection rule.
- Analyze group outcomes alongside qualifications and the actual decision process. ✓This combined evidence tests disparate effects, comparable qualifications, and whether people were treated differently in the employment-selection process.
The trap
Do not infer intent solely from a disparity, and do not dismiss disparate impact because the rule is facially neutral. How to remember it
Analyze outcomes by group together with qualifications and the decision process.
How many of these would you get right?
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