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A federal law called the Age Discrimination in Employment Act of ADEA protects people who are 40 years and older from age-based employment discrimination. Law Library Disclaimer. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision such as the victim being fired or demoted. In other words, women can advance so far, but hit sex and age discrimination invisible sex and age discrimination and can advance no farther. Harassment can include, for example, offensive or derogatory remarks about a person's age. The positive duty An employer has a duty to take reasonable measures to prevent discrimination from happening, rather than just respond to complaints that arise.