Insurance policies must not discriminate on the grounds of pregnancy and childbirth
Danish insurance companies have had discriminatory insurance conditions for pregnant and women giving birth for a number of years. The unlawful terms and conditions have applied in particular for accident insurances and health insurances.
Many companies have had to change their terms and conditions so that they no longer exempt injuries caused by pregnancy and childbirth.
Even though terms and conditions have been changed, it is important to continue to monitor companies’ practice and ensure it does not lead to discrimination against women on the grounds of pregnancy, childbirth and maternity leave.
The relevant Danish provision 3a, no. 3 (forsikringsligebehandlingsloven) states that discrimination on the grounds of gender is:
“Any less favourable treatment of a woman related to pregnancy or maternity leave within 14 weeks after the birth of the child.”
This provision implements Article 2(2)(c) in EU Directive 2006/54.
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