No matter how careful an employer tries to be, a policy, procedure, or screening device may serve as the basis of a disparate impact claim if Blank______. Multiple choice question. an employee establishes all the elements of a prima facie case of disparate treatment the employer can produce a legitimate, non-discriminatory reason for terminating an employee the employer is not vigilant in watching for its indefensible disparate impact a prima facie case of disparate treatment does not establish that the employer discriminated against an employee