For years the fire department has been sharply criticized for not being anywhere near as diverse as the city it protects.

But on Thursday, the FDNY had some progress to report. 

Forty-three percent of the nearly 2,300 top scorers on its most recent entrance exam are black or Hispanic, a sign the department's $10 million diversity program is bearing fruit.

"We're hopeful, but we know that there is always a battle," said Vulcan Society President Regina Wilson.

Brooklyn Federal Court Judge Nicholas Garaufis seemed pleased by the update, telling fire officials in his courtroom Thursday, "Progress is being made."  

Of the nearly 8,600 firefighters now in the FDNY just nine percent are black and 13 percent are Hispanic.

This, four years after the city settled a discrimination lawsuit by promising to boost the number of black and Hispanic firefighters.

"We've been fighting and going through these things for so long and fighting for the simplest things to be done," Wilson said.

Wilson, head of the fraternal society of black firefighters, points to an increase in complaints with the FDNY's Equal Employment Opportunity office. 

Last year, the office interviewed 191 members who made complaints compared to 26 interviews two years earlier.

Fire officials say the spike shows firefighters feel more comfortable coming forward. 

Wilson disagrees.

"The majority of the employees do not feel that the EEO office is here for their benefit," said Wilson. "Their main priority is protecting the Fire Department."

Judge Garaufis told FDNY officials to complete investigations faster. The department says it can, now that it has hired more EEO staff. 

Meanwhile, the scoring of the test still is not completed. Among the applicants, 399 wrongly stated they're related to someone who died in the line of duty, a relationship that gives them 10 extra points.

The FDNY says it will adjust those scores. That could affect the final diversity numbers. 

The FDNY cautions that passing the exam is just the first part in the process of becoming a city firefighter. 

Candidates still have to pass a physical exam, and a background check. 

Because of that, the city says its list of potential hires will likely change several times before candidates head to the academy in May 2019.