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Audits Under Resource, Data, and Access Constraints: Scaling Laws For Less Discriminatory Alternatives

NeurIPS 2025 · Learning theory and algorithms › Fairness · approach: Post-processing and transport for fairness · 0 citations (OpenAlex)

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Gives a closed-form upper bound on the BCE-vs-demographic-parity Pareto frontier that acts as a scaling law, letting claimants fit the frontier with small models and extrapolate to contested large models for less-discriminatory-alternative (LDA) claims.

Problem

Under the less discriminatory alternative (LDA) requirement in US anti-discrimination law, claimants bear the burden of proving a less discriminatory model exists, but they lack compute, data, and access to the contested model, creating a resource-information asymmetry.

Approach

Recast LDA existence as determining the loss-fairness Pareto frontier, derive a closed-form upper bound on that frontier under a stylized data-generating process by using an artificial tilted training distribution and a model-symmetry assumption, and use it as a scaling law: fit its constants on small models and extrapolate to large model size and data.

Key results

Measured effects reported in the paper

What was changedWhereMeasuredEffect
Use the closed-form scaling law fitted on smaller models to predict larger-model Pareto frontiersLoss-fairness scaling law · Synthetic dataPareto frontier fitHelped
Relax the assumption that features and group labels are independentLoss-fairness scaling law · Synthetic data with X not independent of APareto frontier fitNo clear effect

Surprising findings

Limitations

Experimental setup

Datasets: synthetic data (10,000 samples, 20-dimensional Gaussian features)

Benchmarks: synthetic data

Metrics: binary cross-entropy loss demographic parity gap

Builds on: neural scaling laws (Kaplan et al.) Chinchilla scaling law linear scalarization

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