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SubscribeGeneralized Disparate Impact for Configurable Fairness Solutions in ML
We make two contributions in the field of AI fairness over continuous protected attributes. First, we show that the Hirschfeld-Gebelein-Renyi (HGR) indicator (the only one currently available for such a case) is valuable but subject to a few crucial limitations regarding semantics, interpretability, and robustness. Second, we introduce a family of indicators that are: 1) complementary to HGR in terms of semantics; 2) fully interpretable and transparent; 3) robust over finite samples; 4) configurable to suit specific applications. Our approach also allows us to define fine-grained constraints to permit certain types of dependence and forbid others selectively. By expanding the available options for continuous protected attributes, our approach represents a significant contribution to the area of fair artificial intelligence.
Balancing Act: Constraining Disparate Impact in Sparse Models
Model pruning is a popular approach to enable the deployment of large deep learning models on edge devices with restricted computational or storage capacities. Although sparse models achieve performance comparable to that of their dense counterparts at the level of the entire dataset, they exhibit high accuracy drops for some data sub-groups. Existing methods to mitigate this disparate impact induced by pruning (i) rely on surrogate metrics that address the problem indirectly and have limited interpretability; or (ii) scale poorly with the number of protected sub-groups in terms of computational cost. We propose a constrained optimization approach that directly addresses the disparate impact of pruning: our formulation bounds the accuracy change between the dense and sparse models, for each sub-group. This choice of constraints provides an interpretable success criterion to determine if a pruned model achieves acceptable disparity levels. Experimental results demonstrate that our technique scales reliably to problems involving large models and hundreds of protected sub-groups.
Differential Privacy Has Disparate Impact on Model Accuracy
Differential privacy (DP) is a popular mechanism for training machine learning models with bounded leakage about the presence of specific points in the training data. The cost of differential privacy is a reduction in the model's accuracy. We demonstrate that in the neural networks trained using differentially private stochastic gradient descent (DP-SGD), this cost is not borne equally: accuracy of DP models drops much more for the underrepresented classes and subgroups. For example, a gender classification model trained using DP-SGD exhibits much lower accuracy for black faces than for white faces. Critically, this gap is bigger in the DP model than in the non-DP model, i.e., if the original model is unfair, the unfairness becomes worse once DP is applied. We demonstrate this effect for a variety of tasks and models, including sentiment analysis of text and image classification. We then explain why DP training mechanisms such as gradient clipping and noise addition have disproportionate effect on the underrepresented and more complex subgroups, resulting in a disparate reduction of model accuracy.
Repairing without Retraining: Avoiding Disparate Impact with Counterfactual Distributions
When the performance of a machine learning model varies over groups defined by sensitive attributes (e.g., gender or ethnicity), the performance disparity can be expressed in terms of the probability distributions of the input and output variables over each group. In this paper, we exploit this fact to reduce the disparate impact of a fixed classification model over a population of interest. Given a black-box classifier, we aim to eliminate the performance gap by perturbing the distribution of input variables for the disadvantaged group. We refer to the perturbed distribution as a counterfactual distribution, and characterize its properties for common fairness criteria. We introduce a descent algorithm to learn a counterfactual distribution from data. We then discuss how the estimated distribution can be used to build a data preprocessor that can reduce disparate impact without training a new model. We validate our approach through experiments on real-world datasets, showing that it can repair different forms of disparity without a significant drop in accuracy.
DP-SGD vs PATE: Which Has Less Disparate Impact on Model Accuracy?
Recent advances in differentially private deep learning have demonstrated that application of differential privacy, specifically the DP-SGD algorithm, has a disparate impact on different sub-groups in the population, which leads to a significantly high drop-in model utility for sub-populations that are under-represented (minorities), compared to well-represented ones. In this work, we aim to compare PATE, another mechanism for training deep learning models using differential privacy, with DP-SGD in terms of fairness. We show that PATE does have a disparate impact too, however, it is much less severe than DP-SGD. We draw insights from this observation on what might be promising directions in achieving better fairness-privacy trade-offs.
Understanding the Impact of Adversarial Robustness on Accuracy Disparity
While it has long been empirically observed that adversarial robustness may be at odds with standard accuracy and may have further disparate impacts on different classes, it remains an open question to what extent such observations hold and how the class imbalance plays a role within. In this paper, we attempt to understand this question of accuracy disparity by taking a closer look at linear classifiers under a Gaussian mixture model. We decompose the impact of adversarial robustness into two parts: an inherent effect that will degrade the standard accuracy on all classes due to the robustness constraint, and the other caused by the class imbalance ratio, which will increase the accuracy disparity compared to standard training. Furthermore, we also show that such effects extend beyond the Gaussian mixture model, by generalizing our data model to the general family of stable distributions. More specifically, we demonstrate that while the constraint of adversarial robustness consistently degrades the standard accuracy in the balanced class setting, the class imbalance ratio plays a fundamentally different role in accuracy disparity compared to the Gaussian case, due to the heavy tail of the stable distribution. We additionally perform experiments on both synthetic and real-world datasets to corroborate our theoretical findings. Our empirical results also suggest that the implications may extend to nonlinear models over real-world datasets. Our code is publicly available on GitHub at https://github.com/Accuracy-Disparity/AT-on-AD.
What Do Compressed Deep Neural Networks Forget?
Deep neural network pruning and quantization techniques have demonstrated it is possible to achieve high levels of compression with surprisingly little degradation to test set accuracy. However, this measure of performance conceals significant differences in how different classes and images are impacted by model compression techniques. We find that models with radically different numbers of weights have comparable top-line performance metrics but diverge considerably in behavior on a narrow subset of the dataset. This small subset of data points, which we term Pruning Identified Exemplars (PIEs) are systematically more impacted by the introduction of sparsity. Compression disproportionately impacts model performance on the underrepresented long-tail of the data distribution. PIEs over-index on atypical or noisy images that are far more challenging for both humans and algorithms to classify. Our work provides intuition into the role of capacity in deep neural networks and the trade-offs incurred by compression. An understanding of this disparate impact is critical given the widespread deployment of compressed models in the wild.
Blind Justice: Fairness with Encrypted Sensitive Attributes
Recent work has explored how to train machine learning models which do not discriminate against any subgroup of the population as determined by sensitive attributes such as gender or race. To avoid disparate treatment, sensitive attributes should not be considered. On the other hand, in order to avoid disparate impact, sensitive attributes must be examined, e.g., in order to learn a fair model, or to check if a given model is fair. We introduce methods from secure multi-party computation which allow us to avoid both. By encrypting sensitive attributes, we show how an outcome-based fair model may be learned, checked, or have its outputs verified and held to account, without users revealing their sensitive attributes.
Bridging the Gap: Integrating Ethics and Environmental Sustainability in AI Research and Practice
As the possibilities for Artificial Intelligence (AI) have grown, so have concerns regarding its impacts on society and the environment. However, these issues are often raised separately; i.e. carbon footprint analyses of AI models typically do not consider how the pursuit of scale has contributed towards building models that are both inaccessible to most researchers in terms of cost and disproportionately harmful to the environment. On the other hand, model audits that aim to evaluate model performance and disparate impacts mostly fail to engage with the environmental ramifications of AI models and how these fit into their auditing approaches. In this separation, both research directions fail to capture the depth of analysis that can be explored by considering the two in parallel and the potential solutions for making informed choices that can be developed at their convergence. In this essay, we build upon work carried out in AI and in sister communities, such as philosophy and sustainable development, to make more deliberate connections around topics such as generalizability, transparency, evaluation and equity across AI research and practice. We argue that the efforts aiming to study AI's ethical ramifications should be made in tandem with those evaluating its impacts on the environment, and we conclude with a proposal of best practices to better integrate AI ethics and sustainability in AI research and practice.
Bridging the LLM Accessibility Divide? Performance, Fairness, and Cost of Closed versus Open LLMs for Automated Essay Scoring
Closed large language models (LLMs) such as GPT-4 have set state-of-the-art results across a number of NLP tasks and have become central to NLP and machine learning (ML)-driven solutions. Closed LLMs' performance and wide adoption has sparked considerable debate about their accessibility in terms of availability, cost, and transparency. In this study, we perform a rigorous comparative analysis of nine leading LLMs, spanning closed, open, and open-source LLM ecosystems, across text assessment and generation tasks related to automated essay scoring. Our findings reveal that for few-shot learning-based assessment of human generated essays, open LLMs such as Llama 3 and Qwen2.5 perform comparably to GPT-4 in terms of predictive performance, with no significant differences in disparate impact scores when considering age- or race-related fairness. Moreover, Llama 3 offers a substantial cost advantage, being up to 37 times more cost-efficient than GPT-4. For generative tasks, we find that essays generated by top open LLMs are comparable to closed LLMs in terms of their semantic composition/embeddings and ML assessed scores. Our findings challenge the dominance of closed LLMs and highlight the democratizing potential of open LLMs, suggesting they can effectively bridge accessibility divides while maintaining competitive performance and fairness.
Evaluating the Social Impact of Generative AI Systems in Systems and Society
Generative AI systems across modalities, ranging from text (including code), image, audio, and video, have broad social impacts, but there is no official standard for means of evaluating those impacts or for which impacts should be evaluated. In this paper, we present a guide that moves toward a standard approach in evaluating a base generative AI system for any modality in two overarching categories: what can be evaluated in a base system independent of context and what can be evaluated in a societal context. Importantly, this refers to base systems that have no predetermined application or deployment context, including a model itself, as well as system components, such as training data. Our framework for a base system defines seven categories of social impact: bias, stereotypes, and representational harms; cultural values and sensitive content; disparate performance; privacy and data protection; financial costs; environmental costs; and data and content moderation labor costs. Suggested methods for evaluation apply to listed generative modalities and analyses of the limitations of existing evaluations serve as a starting point for necessary investment in future evaluations. We offer five overarching categories for what can be evaluated in a broader societal context, each with its own subcategories: trustworthiness and autonomy; inequality, marginalization, and violence; concentration of authority; labor and creativity; and ecosystem and environment. Each subcategory includes recommendations for mitigating harm.
Gender Bias in Explainability: Investigating Performance Disparity in Post-hoc Methods
While research on applications and evaluations of explanation methods continues to expand, fairness of the explanation methods concerning disparities in their performance across subgroups remains an often overlooked aspect. In this paper, we address this gap by showing that, across three tasks and five language models, widely used post-hoc feature attribution methods exhibit significant gender disparity with respect to their faithfulness, robustness, and complexity. These disparities persist even when the models are pre-trained or fine-tuned on particularly unbiased datasets, indicating that the disparities we observe are not merely consequences of biased training data. Our results highlight the importance of addressing disparities in explanations when developing and applying explainability methods, as these can lead to biased outcomes against certain subgroups, with particularly critical implications in high-stakes contexts. Furthermore, our findings underscore the importance of incorporating the fairness of explanations, alongside overall model fairness and explainability, as a requirement in regulatory frameworks.
Decision Making with Differential Privacy under a Fairness Lens
Agencies, such as the U.S. Census Bureau, release data sets and statistics about groups of individuals that are used as input to a number of critical decision processes. To conform to privacy and confidentiality requirements, these agencies are often required to release privacy-preserving versions of the data. This paper studies the release of differentially private data sets and analyzes their impact on some critical resource allocation tasks under a fairness perspective. {The paper shows that, when the decisions take as input differentially private data}, the noise added to achieve privacy disproportionately impacts some groups over others. The paper analyzes the reasons for these disproportionate impacts and proposes guidelines to mitigate these effects. The proposed approaches are evaluated on critical decision problems that use differentially private census data.
A Deep Dive into the Disparity of Word Error Rates Across Thousands of NPTEL MOOC Videos
Automatic speech recognition (ASR) systems are designed to transcribe spoken language into written text and find utility in a variety of applications including voice assistants and transcription services. However, it has been observed that state-of-the-art ASR systems which deliver impressive benchmark results, struggle with speakers of certain regions or demographics due to variation in their speech properties. In this work, we describe the curation of a massive speech dataset of 8740 hours consisting of sim9.8K technical lectures in the English language along with their transcripts delivered by instructors representing various parts of Indian demography. The dataset is sourced from the very popular NPTEL MOOC platform. We use the curated dataset to measure the existing disparity in YouTube Automatic Captions and OpenAI Whisper model performance across the diverse demographic traits of speakers in India. While there exists disparity due to gender, native region, age and speech rate of speakers, disparity based on caste is non-existent. We also observe statistically significant disparity across the disciplines of the lectures. These results indicate the need of more inclusive and robust ASR systems and more representational datasets for disparity evaluation in them.
Surveying (Dis)Parities and Concerns of Compute Hungry NLP Research
Many recent improvements in NLP stem from the development and use of large pre-trained language models (PLMs) with billions of parameters. Large model sizes makes computational cost one of the main limiting factors for training and evaluating such models; and has raised severe concerns about the sustainability, reproducibility, and inclusiveness for researching PLMs. These concerns are often based on personal experiences and observations. However, there had not been any large-scale surveys that investigate them. In this work, we provide a first attempt to quantify these concerns regarding three topics, namely, environmental impact, equity, and impact on peer reviewing. By conducting a survey with 312 participants from the NLP community, we capture existing (dis)parities between different and within groups with respect to seniority, academia, and industry; and their impact on the peer reviewing process. For each topic, we provide an analysis and devise recommendations to mitigate found disparities, some of which already successfully implemented. Finally, we discuss additional concerns raised by many participants in free-text responses.
What's in a Name? Auditing Large Language Models for Race and Gender Bias
We employ an audit design to investigate biases in state-of-the-art large language models, including GPT-4. In our study, we prompt the models for advice involving a named individual across a variety of scenarios, such as during car purchase negotiations or election outcome predictions. We find that the advice systematically disadvantages names that are commonly associated with racial minorities and women. Names associated with Black women receive the least advantageous outcomes. The biases are consistent across 42 prompt templates and several models, indicating a systemic issue rather than isolated incidents. While providing numerical, decision-relevant anchors in the prompt can successfully counteract the biases, qualitative details have inconsistent effects and may even increase disparities. Our findings underscore the importance of conducting audits at the point of LLM deployment and implementation to mitigate their potential for harm against marginalized communities.
Adaptive Sampling Strategies to Construct Equitable Training Datasets
In domains ranging from computer vision to natural language processing, machine learning models have been shown to exhibit stark disparities, often performing worse for members of traditionally underserved groups. One factor contributing to these performance gaps is a lack of representation in the data the models are trained on. It is often unclear, however, how to operationalize representativeness in specific applications. Here we formalize the problem of creating equitable training datasets, and propose a statistical framework for addressing this problem. We consider a setting where a model builder must decide how to allocate a fixed data collection budget to gather training data from different subgroups. We then frame dataset creation as a constrained optimization problem, in which one maximizes a function of group-specific performance metrics based on (estimated) group-specific learning rates and costs per sample. This flexible approach incorporates preferences of model-builders and other stakeholders, as well as the statistical properties of the learning task. When data collection decisions are made sequentially, we show that under certain conditions this optimization problem can be efficiently solved even without prior knowledge of the learning rates. To illustrate our approach, we conduct a simulation study of polygenic risk scores on synthetic genomic data -- an application domain that often suffers from non-representative data collection. We find that our adaptive sampling strategy outperforms several common data collection heuristics, including equal and proportional sampling, demonstrating the value of strategic dataset design for building equitable models.
FACET: Fairness in Computer Vision Evaluation Benchmark
Computer vision models have known performance disparities across attributes such as gender and skin tone. This means during tasks such as classification and detection, model performance differs for certain classes based on the demographics of the people in the image. These disparities have been shown to exist, but until now there has not been a unified approach to measure these differences for common use-cases of computer vision models. We present a new benchmark named FACET (FAirness in Computer Vision EvaluaTion), a large, publicly available evaluation set of 32k images for some of the most common vision tasks - image classification, object detection and segmentation. For every image in FACET, we hired expert reviewers to manually annotate person-related attributes such as perceived skin tone and hair type, manually draw bounding boxes and label fine-grained person-related classes such as disk jockey or guitarist. In addition, we use FACET to benchmark state-of-the-art vision models and present a deeper understanding of potential performance disparities and challenges across sensitive demographic attributes. With the exhaustive annotations collected, we probe models using single demographics attributes as well as multiple attributes using an intersectional approach (e.g. hair color and perceived skin tone). Our results show that classification, detection, segmentation, and visual grounding models exhibit performance disparities across demographic attributes and intersections of attributes. These harms suggest that not all people represented in datasets receive fair and equitable treatment in these vision tasks. We hope current and future results using our benchmark will contribute to fairer, more robust vision models. FACET is available publicly at https://facet.metademolab.com/
Eye Fairness: A Large-Scale 3D Imaging Dataset for Equitable Eye Diseases Screening and Fair Identity Scaling
Fairness or equity in machine learning is profoundly important for societal well-being, but limited public datasets hinder its progress, especially in the area of medicine. It is undeniable that fairness in medicine is one of the most important areas for fairness learning's applications. Currently, no large-scale public medical datasets with 3D imaging data for fairness learning are available, while 3D imaging data in modern clinics are standard tests for disease diagnosis. In addition, existing medical fairness datasets are actually repurposed datasets, and therefore they typically have limited demographic identity attributes with at most three identity attributes of age, gender, and race for fairness modeling. To address this gap, we introduce our Eye Fairness dataset with 30,000 subjects (Harvard-EF) covering three major eye diseases including age-related macular degeneration, diabetic retinopathy, and glaucoma affecting 380 million patients globally. Our Harvard-EF dataset includes both 2D fundus photos and 3D optical coherence tomography scans with six demographic identity attributes including age, gender, race, ethnicity, preferred language, and marital status. We also propose a fair identity scaling (FIS) approach combining group and individual scaling together to improve model fairness. Our FIS approach is compared with various state-of-the-art fairness learning methods with superior performance in the racial, gender, and ethnicity fairness tasks with 2D and 3D imaging data, which demonstrate the utilities of our Harvard-EF dataset for fairness learning. To facilitate fairness comparisons between different models, we propose performance-scaled disparity measures, which can be used to compare model fairness accounting for overall performance levels. The dataset and code are publicly accessible via https://ophai.hms.harvard.edu/datasets/harvard-ef30k.
Understanding Disparities in Post Hoc Machine Learning Explanation
Previous work has highlighted that existing post-hoc explanation methods exhibit disparities in explanation fidelity (across 'race' and 'gender' as sensitive attributes), and while a large body of work focuses on mitigating these issues at the explanation metric level, the role of the data generating process and black box model in relation to explanation disparities remains largely unexplored. Accordingly, through both simulations as well as experiments on a real-world dataset, we specifically assess challenges to explanation disparities that originate from properties of the data: limited sample size, covariate shift, concept shift, omitted variable bias, and challenges based on model properties: inclusion of the sensitive attribute and appropriate functional form. Through controlled simulation analyses, our study demonstrates that increased covariate shift, concept shift, and omission of covariates increase explanation disparities, with the effect pronounced higher for neural network models that are better able to capture the underlying functional form in comparison to linear models. We also observe consistent findings regarding the effect of concept shift and omitted variable bias on explanation disparities in the Adult income dataset. Overall, results indicate that disparities in model explanations can also depend on data and model properties. Based on this systematic investigation, we provide recommendations for the design of explanation methods that mitigate undesirable disparities.
What the Harm? Quantifying the Tangible Impact of Gender Bias in Machine Translation with a Human-centered Study
Gender bias in machine translation (MT) is recognized as an issue that can harm people and society. And yet, advancements in the field rarely involve people, the final MT users, or inform how they might be impacted by biased technologies. Current evaluations are often restricted to automatic methods, which offer an opaque estimate of what the downstream impact of gender disparities might be. We conduct an extensive human-centered study to examine if and to what extent bias in MT brings harms with tangible costs, such as quality of service gaps across women and men. To this aim, we collect behavioral data from 90 participants, who post-edited MT outputs to ensure correct gender translation. Across multiple datasets, languages, and types of users, our study shows that feminine post-editing demands significantly more technical and temporal effort, also corresponding to higher financial costs. Existing bias measurements, however, fail to reflect the found disparities. Our findings advocate for human-centered approaches that can inform the societal impact of bias.
An Investigation of Representation and Allocation Harms in Contrastive Learning
The effect of underrepresentation on the performance of minority groups is known to be a serious problem in supervised learning settings; however, it has been underexplored so far in the context of self-supervised learning (SSL). In this paper, we demonstrate that contrastive learning (CL), a popular variant of SSL, tends to collapse representations of minority groups with certain majority groups. We refer to this phenomenon as representation harm and demonstrate it on image and text datasets using the corresponding popular CL methods. Furthermore, our causal mediation analysis of allocation harm on a downstream classification task reveals that representation harm is partly responsible for it, thus emphasizing the importance of studying and mitigating representation harm. Finally, we provide a theoretical explanation for representation harm using a stochastic block model that leads to a representational neural collapse in a contrastive learning setting.
Disparate Vulnerability to Membership Inference Attacks
A membership inference attack (MIA) against a machine-learning model enables an attacker to determine whether a given data record was part of the model's training data or not. In this paper, we provide an in-depth study of the phenomenon of disparate vulnerability against MIAs: unequal success rate of MIAs against different population subgroups. We first establish necessary and sufficient conditions for MIAs to be prevented, both on average and for population subgroups, using a notion of distributional generalization. Second, we derive connections of disparate vulnerability to algorithmic fairness and to differential privacy. We show that fairness can only prevent disparate vulnerability against limited classes of adversaries. Differential privacy bounds disparate vulnerability but can significantly reduce the accuracy of the model. We show that estimating disparate vulnerability to MIAs by na\"ively applying existing attacks can lead to overestimation. We then establish which attacks are suitable for estimating disparate vulnerability, and provide a statistical framework for doing so reliably. We conduct experiments on synthetic and real-world data finding statistically significant evidence of disparate vulnerability in realistic settings. The code is available at https://github.com/spring-epfl/disparate-vulnerability
Bridging Fairness and Environmental Sustainability in Natural Language Processing
Fairness and environmental impact are important research directions for the sustainable development of artificial intelligence. However, while each topic is an active research area in natural language processing (NLP), there is a surprising lack of research on the interplay between the two fields. This lacuna is highly problematic, since there is increasing evidence that an exclusive focus on fairness can actually hinder environmental sustainability, and vice versa. In this work, we shed light on this crucial intersection in NLP by (1) investigating the efficiency of current fairness approaches through surveying example methods for reducing unfair stereotypical bias from the literature, and (2) evaluating a common technique to reduce energy consumption (and thus environmental impact) of English NLP models, knowledge distillation (KD), for its impact on fairness. In this case study, we evaluate the effect of important KD factors, including layer and dimensionality reduction, with respect to: (a) performance on the distillation task (natural language inference and semantic similarity prediction), and (b) multiple measures and dimensions of stereotypical bias (e.g., gender bias measured via the Word Embedding Association Test). Our results lead us to clarify current assumptions regarding the effect of KD on unfair bias: contrary to other findings, we show that KD can actually decrease model fairness.
Mind the gap in university rankings: a complex network approach towards fairness
University rankings are increasingly adopted for academic comparison and success quantification, even to establish performance-based criteria for funding assignment. However, rankings are not neutral tools, and their use frequently overlooks disparities in the starting conditions of institutions. In this research, we detect and measure structural biases that affect in inhomogeneous ways the ranking outcomes of universities from diversified territorial and educational contexts. Moreover, we develop a fairer rating system based on a fully data-driven debiasing strategy that returns an equity-oriented redefinition of the achieved scores. The key idea consists in partitioning universities in similarity groups, determined from multifaceted data using complex network analysis, and referring the performance of each institution to an expectation based on its peers. Significant evidence of territorial biases emerges for official rankings concerning both the OECD and Italian university systems, hence debiasing provides relevant insights suggesting the design of fairer strategies for performance-based funding allocations.
Characterising Bias in Compressed Models
The popularity and widespread use of pruning and quantization is driven by the severe resource constraints of deploying deep neural networks to environments with strict latency, memory and energy requirements. These techniques achieve high levels of compression with negligible impact on top-line metrics (top-1 and top-5 accuracy). However, overall accuracy hides disproportionately high errors on a small subset of examples; we call this subset Compression Identified Exemplars (CIE). We further establish that for CIE examples, compression amplifies existing algorithmic bias. Pruning disproportionately impacts performance on underrepresented features, which often coincides with considerations of fairness. Given that CIE is a relatively small subset but a great contributor of error in the model, we propose its use as a human-in-the-loop auditing tool to surface a tractable subset of the dataset for further inspection or annotation by a domain expert. We provide qualitative and quantitative support that CIE surfaces the most challenging examples in the data distribution for human-in-the-loop auditing.
Awareness in Practice: Tensions in Access to Sensitive Attribute Data for Antidiscrimination
Organizations cannot address demographic disparities that they cannot see. Recent research on machine learning and fairness has emphasized that awareness of sensitive attributes, such as race and sex, is critical to the development of interventions. However, on the ground, the existence of these data cannot be taken for granted. This paper uses the domains of employment, credit, and healthcare in the United States to surface conditions that have shaped the availability of sensitive attribute data. For each domain, we describe how and when private companies collect or infer sensitive attribute data for antidiscrimination purposes. An inconsistent story emerges: Some companies are required by law to collect sensitive attribute data, while others are prohibited from doing so. Still others, in the absence of legal mandates, have determined that collection and imputation of these data are appropriate to address disparities. This story has important implications for fairness research and its future applications. If companies that mediate access to life opportunities are unable or hesitant to collect or infer sensitive attribute data, then proposed techniques to detect and mitigate bias in machine learning models might never be implemented outside the lab. We conclude that today's legal requirements and corporate practices, while highly inconsistent across domains, offer lessons for how to approach the collection and inference of sensitive data in appropriate circumstances. We urge stakeholders, including machine learning practitioners, to actively help chart a path forward that takes both policy goals and technical needs into account.