In this paper, we develop a new criterion, "insufficiently justified disparate impact" (IJDI), for assessing whether recommendations (binarized predictions) made by an algorithmic decision support tool are fair. Our novel, utility-based IJDI criterion evaluates false positive and false negative error rate imbalances, identifying statistically significant disparities between groups which are present even when adjusting for group-level differences in base rates. We describe a novel IJDI-Scan approach which can efficiently identify the intersectional subpopulations, defined across multiple observed attributes of the data, with the most significant IJDI. To evaluate IJDI-Scan's performance, we conduct experiments on both simulated and real-world data, including recidivism risk assessment and credit scoring. Further, we implement and evaluate approaches to mitigating IJDI for the detected subpopulations in these domains.
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