The U.S. Court of Appeals for the Second Circuit yesterday reversed Eastern District Judge Nicholas Garaufis’ (See Profile) finding of intentional discrimination by the New York City Fire Department against black firefighter candidates and yanked Garaufis off part of the case.

A divided circuit rejected Garaufis’ summary judgment decision against the FDNY for what the judge ruled was disparate "treatment" of black job candidates, even as the circuit upheld the "principal components" of a remedial order the judge signed to remedy an unchallenged finding of disparate "impact" on minorities of firefighter entrance exams.