Achmea charges higher premiums for women: 'legally permitted', but still discrimination

Geerlings (33) had a policy calculation made on Achmea's website in 2022. At the time, she only employed women. "I don't remember how many employees it was. I think it was insurance for four, five, or six employees."

The calculation showed she would have to pay €920.63 per month. Then, purely hypothetically, she also entered how much money she would spend if she employed only men. The amount was €691.88 per month. A difference of almost €230.

Constitution

Because the Constitution prohibits discrimination, she contacted her insurer. "I initially spoke to a pleasant man. He said he'd never thought about the problem and passed it on." She was then called back by a woman. This conversation was "less pleasant." After reporting it to the Discrimination Hotline, the complaint was forwarded to the Netherlands Institute for Human Rights.

Achmea denies to the Board that it makes "prohibited discrimination." It does acknowledge that the premium amount depends on various factors, including gender.

"This is because figures from Statistics Netherlands (CBS) show that the average sickness absence rate is higher among women than among men. It is legally permitted to use the gender of employees as a risk-determining factor in absenteeism insurance," the statement accompanying the ruling reads.

The Board disagrees. It has legally reviewed the case and identified legal exceptions. "Therefore, the Board concludes that the respondent is making unlawful discrimination against the applicant based on gender by charging a higher premium for insuring female employees than for male employees."

Non-binding

A decision by the Board is not binding, but it is authoritative. This means the Board cannot attach any consequences to the ruling.

In this case, Achmea doesn't need to do anything. "It is therefore not possible to impose a sanction or compensation on the defendant. If you do want to do so, you will have to initiate legal proceedings. The court must consider the Board's decision," the Board's website states.

Collective vs. individual

In a response, Achmea states that the distinction based on 'risk factors' such as age and gender is only made in collective WIA and absenteeism insurance policies for companies.

According to a spokesperson, the Netherlands Institute for Human Rights's ruling deviates from current market practice. "This requires reflection on how we should handle this. We will be working on that."

"We're doing this by having internal discussions with the departments within Achmea that are involved, but also externally. Naturally, we're also speaking with the company that initiated the case," the spokesperson continues. "And we'd like to speak with the Board. We're also exploring options to discuss this within the sector."

Other insurers

The Dutch Association of Insurers says it will carefully review the ruling. For reasons of competitiveness, the Association cannot and may not comment on the policies of other insurers. "However, given the clear statistical correlation between gender and absenteeism risk, we would be very surprised if any insurer did not factor this into their premium calculations."

Geerlings can confirm this. She ultimately decided to switch insurers. And not because the premiums for men and women are the same with this one. "No, I'm still paying more for women than for men." She's decided not to make a big deal about it anymore, since the entire Achmea process has already cost her a lot of effort.

She also has some sympathy for Achmea. She calls Achmea an "easy target" because the insurer had a tool to quickly see what the premiums could be. "Businesses often take out these types of insurance policies through intermediaries. That's also less transparent."

Legal proceedings

Because other insurers are engaged in similar practices, she's considering legal action. She's still unsure about whether to take these next steps, however, as she questions her own strength. "I've been advised to settle this collectively, for example, through a mass claim and a foundation."

An appointment with Achmea has been made to discuss the situation, undoubtedly over a cup of coffee.

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