According to a Miami federal jury, a Jewish pharmacist can't refuse to sell condoms as part of his job because of his religious beliefs.
The eight-member jury rejected allegations that Eckerd Drugs violated the civil rights and religious beliefs of Hillel Hellinger, 41, of North Miami Beach. The Clearwater-based company persuaded jurors that it would have suffered economic hardships in a competitive industry if it had accommodated Hellinger's religious stand and not asked him to sell condoms.
Eckerd attorney Susan L. Dolin said the unanimous verdict showed that jurors "realized you can't overburden an employer."
Hellinger claimed he was denied part-time employment by Eckerd in July 1995 after a stipulation on his job application told the chain's regional store manager that he refused to sell condoms because of his religious beliefs.
During his testimony, Hellinger said he could sell other types of birth control devices, but not condoms. According to Hellinger, using condoms is not allowed because a Jewish man's sperm must enter the woman and not be wasted, he said. Therefore, the pharmacist argued that he could not sell them because it violates Jewish orthodoxy.
But during her closing arguments, Dolin stressed that Eckerd has hired other Orthodox Jews as pharmacists. She also accused Hellinger of exploiting a federal civil rights law to sue the drugstore chain, saying he "has taken a beautiful doctrine of a beautiful religion and twisted it for his own end.
"It's a good law [that] protects us against discrimination,'' Dolin said. "What it doesn't do is act as a sword or a club to beat up on an innocent employer."
Hellinger's attorney, Norman Wedderburn, said he was "incredibly disappointed" in the jury's decision.
"I spent a year working very closely with Mr. Hellinger, and I didn't question his motives," Wedderburn said.
Jurors were asked whether Eckerd knew about Hellinger's religious beliefs and failed to make a reasonable accommodation for them -- specifically, allowing him to work without selling condoms. Hellinger -- father of nine children who brought his prayer book to court -- sought damages for mental anguish, $100,000 in back wages and a job with the drugstore chain.
Hellinger's suit against Eckerd was his third against a pharmacy chain. He sued Walgreens for allegedly refusing to hire him because he could not work on the Jewish Sabbath. He also had sued Rite Aid for allegedly firing him over his religious objections to adding fees to the prescription costs of some customers. Walgreens and Rite Aid reached confidential out-of-court settlements.
