A New Paradigm for Counterfactual Reasoning in Fairness and Recourse
Lucius E. J. Bynum, Joshua R. Loftus, Julia Stoyanovich
TL;DR
This work introduces a backtracking counterfactual paradigm for fairness and recourse that avoids intervening on legally protected attributes. It defines new notions of counterfactual opportunity and effort, along with corresponding individual- and group-level discrimination criteria, grounded in backtracking conditional distributions $P_B(U^* vert U)$ and an opportunity set $S$. An algorithm for sampling backtracking counterfactuals is provided and demonstrated on synthetic hiring data and a law school dataset, revealing that traditional balance assumptions and interventional notions may miss important fairness signals. The approach enables explanations of counterfactual outcomes while accommodating socially constructed categories and relaxing modularity assumptions, with practical implications for auditing and improving demographic data usage in AI systems.
Abstract
Counterfactuals and counterfactual reasoning underpin numerous techniques for auditing and understanding artificial intelligence (AI) systems. The traditional paradigm for counterfactual reasoning in this literature is the interventional counterfactual, where hypothetical interventions are imagined and simulated. For this reason, the starting point for causal reasoning about legal protections and demographic data in AI is an imagined intervention on a legally-protected characteristic, such as ethnicity, race, gender, disability, age, etc. We ask, for example, what would have happened had your race been different? An inherent limitation of this paradigm is that some demographic interventions -- like interventions on race -- may not translate into the formalisms of interventional counterfactuals. In this work, we explore a new paradigm based instead on the backtracking counterfactual, where rather than imagine hypothetical interventions on legally-protected characteristics, we imagine alternate initial conditions while holding these characteristics fixed. We ask instead, what would explain a counterfactual outcome for you as you actually are or could be? This alternate framework allows us to address many of the same social concerns, but to do so while asking fundamentally different questions that do not rely on demographic interventions.
