🔗 Share this article

A long-serving Federal Bureau of Investigation analyst has filed a lawsuit claiming he was terminated because of exhibiting an LGBTQ+ banner within his office space.

Based on David Maltinsky, that worked for the FBI over a decade and a half, the firing in the past months is being described as “unconstitutional and politically motivated”.

Legal Case Asserts Constitutional Breaches

The lawsuit states that the agency infringed upon Maltinsky’s constitutional freedoms and initiated disciplinary steps in his case for participating in protected communication.

Maltinsky is requesting a legal ruling to restore his position at the bureau.

Information from the Legal Filing

The 18-page lawsuit, submitted in the US district court in the nation’s capital, claims that the employee was terminated from the FBI academy last month because of before showing the flag on his desk.

Per the complaint, the Pride flag was awarded to Maltinsky in recognition of his contributions to advance the agency’s inclusion programs.

“From a young age, my only desire has been to serve my country and ensure the nation’s safety beside the brilliant and dedicated men and women at the agency,” said the former employee.

He added, I exhibited that banner – which in 2021 was raised before the Wilshire federal building – not to make a political point, but as a symbol of acceptance, solidarity and impartial service.

“These are the values that once made the bureau effective. Today it has become where individuals such as myself are singled out. I am convinced I was fired not on account of my identity, but rather because of what I represent: an openly gay individual,” he affirmed.

Abrupt Dismissal Prior to Completion

Recently, the plaintiff was enrolled in the federal agent training academy at the FBI facility, up until his “abrupt dismissal only weeks prior to completion”.

The filing additionally states that eventually following Donald Trump’s inauguration, an colleague expressed an issue to the overseeing official about the display of the Pride flag.

To be safe, the employee sought that the top lawyer at the L.A. office examine whether the exhibition of the symbol was permissible,” the complaint said.

It added, The legal officer told Maltinsky that exhibiting of the flag was not against any policy, rule, or regulation.”

Notification of Termination

Despite this, on the first of October, the plaintiff received notice of his firing.

In correspondence referenced in the filing, agency head Kash Patel commented, “I have determined that you demonstrated improper judgment by exhibiting of political signage in your work area during your previous assignment in Los Angeles.

“Pursuant to Article II of the Constitution, and statutes of the U.S., your job at the bureau is hereby terminated.”

Attorney Remarks

In comments released recently, Maltinsky’s lawyer his counsel said, “This administration’s wrongful dismissal forms part of an extensive initiative to purge federal agencies of workers that possess alternative perspectives, or belong to marginalized groups, or who dare challenge prejudice.

This battle is not just about him, but also about ensuring the rights and freedoms of all federal employees.”

Agency Response

The FBI declined to comment about the legal action.

Comparable Lawsuits

Maltinsky’s lawsuit follows an additional filing filed in September by three former high-level bureau employees that claimed they’d been wrongfully terminated.

They stated that the director stated he had been ordered by the president’s office to dismiss any agent associated with an inquiry into Trump.

Additionally, the agency dismissed a long-serving employee recently following the director reportedly became furious over news that the agency head used a government jet to go to a sports event at which his companion sang the Star-Spangled Banner.

Steven Palmer, an agency staffer for many years, was removed from his role in the bureau’s emergency unit, responsible for significant risks and the agency’s jet fleet.