Statistical Guarantees in the Search for Less Discriminatory Algorithms

ArXi:2512.23943v2 Announce Type: replace-cross U. S. discrimination law can impose liability on firms that fail to adopt a less discriminatory alternative (LDA): a decision policy that achieves the same business objectives while reducing disparate impact on legally protected groups. Recent scholarship argues that this doctrine has direct implications for algorithmic decision-making in high-stakes domains such as employment, lending, and housing, potentially obligating firms to search for "less discriminatory algorithms" (Black, 2024.