Is pregnancy covered under the Equality Act 2010? Emma's employer is treating her badly because she's pregnant, so it's pregnancy and maternity discrimination. Example.It is unlawful maternity discrimination to treat a pregnant employee unfavourably because they are about to go on maternity leave. Shockingly, pregnant women and mothers report more discrimination and poor treatment at work now than they did a decade ago. Pregnancy discrimination is against the law. The EEOC enforces three federal laws that protect job applicants and employees who are pregnant. There is very little law around how to deal with fertility issues in the workplace. Employees who are undertaking fertility treatment have no direct protection.