Metro

Federal court overturns judge’s ruling that FDNY intentionally discriminated against applicants

A federal appeals court today overturned a Brooklyn judge’s ruling that New York City’s fire department intentionally discriminated against minority firefighter applicants.

The 2nd Circuit Court of Appeals also ruled that a Brooklyn federal judge other than Nicholas Garaufis — who made the controversial discrimination ruling — should hold a special bench trial to reassess the issue, which arose following a 2007 lawsuit filed against the FDNY by the US Justice Department that aimed to force the city to hire more minorities.

The new ruling cancels the earlier ruling by Garaufis, who concluded that the low percentage of minorities in the FDNY was “a direct result and vestige of the city’s pattern and practice of discrimination against black firefighter candidates.”

In his original decision, Garaufis had slammed the city — and singled out Mayor Bloomberg for stinging criticism — saying that City Hall had done little to change things at a fire department where white men make up 93 percent of the 11,000 firefighters in its ranks, in a city with a far more diverse population.

But the appellate panel — which delivered a split decision today, with one judge dissenting — will keep in place a court-ordered special monitor and an oversight regime that Garaufis put in place to ensure that discrimination is not occurring now within the fire department’s ranks.

The appellate decision does not affect the ruling by Garaufis that minorities seeking jobs on the FDNY were victimized, because the department’s entrance examinations unfairly discriminated against minorities. That means the city still faces a massive financial hit – that could exceed $128 million — to compensate minority firefighter applicants who took the test and were never offered jobs.

The Bloomberg Administration was quick to characterize the appellate court decision as “a major victory for the city.”

“This lawsuit was filed to address a relatively narrow issue involving two now expired exams, conducted in 1999 and 2002, but was inappropriately used as a vehicle by the [district] court to justify judicial intrusion into virtually every aspect of FDNY hiring,” said Michael Cardozo, the city’s top lawyer.

“The city champions the goal of a more diverse fire department, and has undertaken multi-million-dollar campaigns to further that goal.

“Now that we are no longer hampered by many of the onerous remedial requirements — including hiring expensive and unnecessary consultants — we now have a greater ability and freedom to continue our effective diversity efforts,” Cardozo said.

The Center for Constitutional Rights sued the Justice Department on behalf of minorities. Baher Azmy, legal director at the Center, said: “This decision reaffirms that discrimination is deep and wide in the FDNY, and confirms that the fire department needs independent oversight.

“We are very pleased that the City will remain under the Court’s watch as it hires qualified new firefighters and provides back pay to those who were unlawfully excluded. That is an enormous victory in itself, and we are confident that we will also prevail at trial on the additional claim of intentional discrimination.”

“We have been struggling for 40 years to end persistent discrimination in all parts of the FDNY,” said Paul Washington of the Vulcan Society, a fraternal organization of black firefighters.

“This ruling vindicates our efforts. The FDNY must finally open its doors to Black firefighters, so they can serve the city without constantly having to fight for equal treatment,”

mmaddux@nypost.com