Tag: Discrimination

Big Data and Discrimination

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This essay discusses the legal requirements of pricing credit and the architecture of machine learning and intelligent algorithms to provide an overview of legislative gaps, legal solutions, and a framework for testing discrimination that evaluates algorithmic pricing rules. Using real-world mortgage data, the authors find that restricting the data characteristics within the algorithm can increase pricing gaps while having a limited impact on disparity.

Talia B. Gillis & Jann L. Spiess, University of Chicago Law Review

Big Data’s Disparate Impact

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This paper examines concerns about big data’s disparate impact risk from the perspective of American antidiscrimination law, more specifically, through Title VII’s prohibition of discrimination in employment. The paper also calls out the legal and political difficulties of addressing and remedying this type of discrimination, in particular, the tension between the two major theories underlying antidiscrimination law: anticlassification and antisubordination.

104 California Law Review 671 (2016)

Solon Barocas, Andrew D. Selbst

Consumer Lending Discrimination in the FinTech Era

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This paper evaluates differentials between borrowers of different races in loan approval rates and pricing between fintech and traditional mortgage lenders. The paper finds that unexplained pricing differentials are smaller among technology-heavy lenders and that such differentials overall have declined as the mortgage industry as increased reliance on algorithmic lending in recent years.

UC Berkeley Public Law Research Paper

Robert Bartlett, Adair Morse, Richard Stanton, Nancy Wallace.

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