🔗 Share this article

An experienced Federal Bureau of Investigation intelligence specialist has brought legal action claiming his dismissed because of exhibiting a Pride flag at his office space.

As per David Maltinsky, that was employed with the bureau for 16 years, his termination in the past months is being described as “illegal and discriminatory”.

Legal Proceedings Alleges Free Speech Breaches

The legal filing states that the bureau violated the employee’s constitutional protections and took retaliatory steps toward him because of engaging in protected speech.

Maltinsky is seeking a legal ruling to return his employment within the agency.

Details of the Lawsuit

The comprehensive lawsuit, filed in the US district court in Washington, D.C., alleges that Maltinsky was terminated from his training recently over before showing the banner in his workspace.

According to the complaint, the Pride flag was presented to the plaintiff in recognition of his contributions to promote the agency’s inclusion programs.

Early on, my goal was to serve my country and ensure the nation’s safety beside the talented and committed personnel at the agency,” said Maltinsky.

He continued, I showed that banner – that previously flew in front of the Wilshire federal building – not for political reasons, but as a representation of inclusion, unity and equal service.

These principles that once made the FBI strong. Now it is a place where employees like me are targeted. I think I was fired not on account of my person, but what I am: an openly gay individual,” he said.

Unexpected Firing Before Finish

In the past months, the plaintiff was accepted into the FBI special agent course at the FBI facility, until what he described as “abrupt dismissal just three weeks before completion”.

The lawsuit further alleges that eventually following Donald Trump’s inauguration, a co-worker reported an alleged concern to Maltinsky’s direct supervisor regarding the presence of the LGBTQ+ symbol.

“Out of an abundance of caution, Maltinsky requested that the Chief Division Counsel at the L.A. office review whether the exhibition of the LGBTQ+ banner was acceptable,” the document noted.

It further mentioned, “The Chief Division Counsel advised the employee that exhibiting of the flag did not violate any policy, rule, or regulation.”

Notice of Dismissal

However, in early October, the plaintiff received notice of his dismissal.

In correspondence referenced in the lawsuit, agency head the director commented, I decided that you used poor judgment with an inappropriate display of a partisan emblem at your workstation while previously assigned in Los Angeles.

Under Article II of the Constitution, and the laws of the nation, your employment at the bureau is hereby terminated.”

Legal Remarks

In a statement released this week, Maltinsky’s lawyer his counsel remarked, The government’s unlawfully firing him is part of a broader effort to purge public offices of workers who may have divergent opinions, or are from minority populations, or those who challenge bias.

“David’s fight is not only for him, but involves protecting the liberties and protections of all public servants.”

Bureau Response

The FBI refused to respond on the lawsuit.

Related Proceedings

This legal action comes after another one filed in September by previous top agency personnel who said they had been unlawfully fired.

They claimed that the director said he had been directed by the president’s office to terminate any employee involved in a probe into Trump.

Additionally, the bureau dismissed a long-serving employee in November following the director was said to be angered due to accounts that the bureau chief flown on a federal plane to go to a wrestling event during which his partner performed the national anthem.

The veteran, an FBI employee for over two decades, was removed as head of the bureau’s emergency unit, responsible for major security threats and the bureau’s aircraft.