Fair representation learning with a continuous sensitive attribute S requires a representation Z that is statistically independent of S. Existing criteria, including generalized demographic parity, the expectation of integral probability metrics (EIPM), and mutual information, enforce this independence by averaging a per-value discrepancy between the conditional law PZ∣S=s and the marginal PZ over the law of S. This approach requires a nonparametric surrogate for the conditional law at each sensitive value. We propose evaluating independence through a single joint discrepancy d(PZ,S,PZ⊗PS) between the joint law and the product of its marginals. We establish a disintegration identity; on decomposable witness classes it equals the conditional-integral functional that EIPM and generalized demographic parity instantiate. By reaching the same target without the conditional law, this discrepancy can be estimated directly from samples via a dependence statistic rather than conditional smoothing. We take the Hilbert-Schmidt independence criterion (HSIC) as an instance of the joint discrepancy d to investigate the statistical efficiency of replacing the conditional formulation. The HSIC estimator is a closed-form O(n2) statistic that converges at the O(n−1/2) rate, in contrast to the nonparametric O(n−2/5) rate of the conditional-route estimators. We prove this instance is equivalent to the conditional maximum mean discrepancy (MMD) integral up to an explicit spectral tail. The corresponding algorithmic implementation, i.e., FRHSIC, attains fairness-accuracy tradeoffs comparable to conditional-route basel es while reducing per-epoch training time.
When sensitive attributes are continuous and high-dimensional − demographic score vectors, posteriors over attributes, age or income profiles − enforcing full statistical independence is often too restrictive, and existing relaxations rely on indirect dependence penalties or adversarial schemes that do not directly target the fairness-accuracy trade-off. We instead consider mean demographic parity through DPVar, the variance of the conditional-mean prediction given the sensitive attribute, and show that optimizing it yields a functional bilevel problem. We propose two algorithms for this problem: FBO, which uses a closed-form adjoint we derive for the squared-loss case to obtain an exact hypergradient, and ITD, which differentiates through unrolled inner steps and extends beyond squared loss. On synthetic data and a new semi-synthetic benchmark built from 60 tabular regression datasets, both methods achieve the lowest or near-lowest aggregate fairness-accuracy regret, and consistently match or outperform strong HSIC, adversarial, linear-dependence, and generalized-DP baselines.
Fairness impossibility results often look like distinct scalar incompatibility statements. We show that several share one RKHS geometry: fairness criteria are linear constraints on conditional mean embeddings, and unequal base rates make the law of total expectation overdetermine those constraints. This view yields four results. The Kleinberg--Mullainathan--Raghavan dichotomy needs only group-conditional unbiasedness, not full calibration. The \emph{Pokémon theorem} shows that a distinct group pair satisfying any finite collection of linear mean-fairness criteria leaves a residual violation witnessed by the MMD, decaying at the Kolmogorov m-width rate under spectral regularity. The same tools prove an impossibility for fair feature learning: parity and class-conditional separation in representation space force class collapse under unequal base rates. The approximate relaxations yield signal and error frontiers, allowing a trade-off between real-world estimators and fairness goals. Experiments on standard fairness benchmarks are consistent with our bounds.
Deep learning models exhibit fairness concerns when predictions are inadvertently influenced by sensitive attributes. However, existing attempts to make Path-Specific Counterfactual Fairness optimizable rely on estimating marginal potential outcome probabilities-an approach that fundamentally requires high-dimensional conditional density estimation and breaks down in modalities such as medical images, where the curse of dimensionality renders reliable estimation infeasible. To address this limitation, we reduce the problem of enforcing Path-Specific Counterfactual Fairness to a causal conditional independence constraint and prove that satisfying this constraint is sufficient to eliminate the unfair causal effect. This reduction replaces intractable counterfactual estimation with a discriminative optimization objective that remains scalable in high-dimensional settings.