Correct Answer

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Main points:
• Psychological injury may involve emotional distress, trouble sleeping, and be severe enough to meet the standards for PTSD.
• However, the Supreme Court ruled in the Harris v. Forklift Systems case that there is no need to prove psychological injury in sexual harassment cases; it is only necessary to prove that the work environment is hostile and offensive, according to a reasonable person standard.
• In the Oncale case, the Supreme Court further clarified that the sexual harassment standard is gender neutral.
Optional point:
• The Supreme Court instructed lower courts to apply a totality of circumstances test to gauge whether the work environment was unlawfully hostile. The responsibility is placed on the employers to prevent and correct harassment.