Overcoming the Resolution Limit: Significance-Aware Regularization for Intersectional Fairness

Intersectional fairness requires evaluating models across fine-grained subgroups. However, as group definitions become more granular, the sample size per subgroup shrinks, causing fairness estimates to become increasingly unstable. Existing in-processing methods are certainty-blind : they penalize observed disparities without distinguishing statistically certified unfairness from sampling noise. This leads to fairness overfitting , where models sacrifice utility to "fix" spurious disparities in sparse regimes. To address this, we introduce the significant-excess metric family, a continuous, uncertainty-aware fairness score that measures only the portion of a subgroup’s disparity exceeding what sampling variation can explain at a specific confidence level. Leveraging this, we propose SAFER (Significance-Aware Fairness Regularizer), a differentiable in-processing method that gates fairness penalties using a soft-count likelihood-ratio significance test. SAFER satisfies a provable safety property : when no subgroup disparity is statistically certifiable, its fairness gradient is exponentially small and training reduces to unconstrained optimization. Mechanism ablations across three benchmark datasets and purpose-built stress variants confirm that each component of SAFER – threshold smoothing, the significance gate, and a dense-tail term – is empirically necessary in its theoretically predicted operating regime. SAFER consistently achieves a superior fairness-utility Pareto frontier, compared to baselines methods in sparse intersectional settings while preserving utility when certified unfairness is absent.