Appeals panel hears FDNY discrimination case

A city lawyer has told a federal appeals panel that a judge who called New York City's Fire Department "a stubborn bastion of white male privilege" went way beyond his authority by effectively taking over the department's hiring process.

City attorney Deborah Brenner told the three-judge federal appeals panel Tuesday that the city deserves a trial so it can show how it was trying to hire more minorities.

A judge in Brooklyn had appointed an independent monitor to oversee the department to ensure it improved diversity hiring.

Brenner said the judge ignored key evidence. A lawyer representing minority applicants said the judge was well within his authority to act as he did. A federal government lawyer agreed.

A decision is unlikely for months.