What Constitutes a Less Discriminatory Algorithm?

Disparate impact doctrine offers an important legal apparatus for targeting discriminatory data-driven algorithmic decisions. A recent body of work has focused on conceptualizing one particular construct from this doctrine: the less discriminatory alternative, an alternative policy that reduces disparities while meeting the same business needs of a status quo or baseline policy. However, attempts to operationalize this construct in the algorithmic setting must grapple with some thorny challenges...