An appellate court has overturned a ruling by Brooklyn Federal Judge Nicholas Garaufis that states the city is practicing deliberate discrimination against minority applicants for the FDNY.
Published reports also said Garaufis has been barred from sitting on a retrial to address the matter.
The federal government and the Vulcan Society, a group of black firefighters, have argued since 2007 that the city has practiced systemic discrimination in things like its written firefighter exams.
Membership in the FDNY is about 93 percent white.
A new judge will be appointed to hear the case during which the Vulcan Society can again make its case for a discrimination claim.
The ruling let stand a judgment of $128 million in back pay and damages for minority applicants who had been screened out of the hiring process by allegedly discriminatory exams.
The city also will have to keep in place a court-ordered monitor of its hiring practices and procedures through 2017.
City lawyers approved of the ruling.