But there may be some hope for employers who are trying to assure diversity in all ranks of their workplaces Employers need carefully to consider all the evidence before they put into place promotional tests and other employment criteria If they are surprised by a disparate impact resulting from a test or other neutral policy, they need to gather significant evidence of the impact, and of possible alternatives to the test or policy so that they can make out the strong basis in evidence defense Employers should also become aware of the structures and systems that encourage subjective decision making that may result in unconscious bias or prejudice and attempt to overcome these systems and practices Ricci definitely makes this effort more difficult, but perhaps not impossible