One-time FBI Employee Alleges Improper Dismissal Due to LGBTQ+ Banner Display

A long-serving FBI analyst has filed a legal case alleging he was terminated because of having a rainbow symbol at his office space.

Based on the plaintiff, who served for the FBI over a decade and a half, the termination recently is being described as “improper and biased”.

Court Action Asserts Free Speech Violations

The legal filing contends that the agency violated the employee’s constitutional protections and initiated punitive steps against him for engaging in constitutionally covered expression.

The former specialist is requesting a court order to restore his position within the agency.

Details in the Complaint

The detailed lawsuit, filed in the US district court in Washington, D.C., states that Maltinsky was fired from the FBI academy recently over before exhibiting the flag on his desk.

Per the document, the Pride flag was given to the plaintiff in recognition of his efforts to advance the FBI’s inclusion programs.

Early on, all I have wanted to do is serve my country and ensure public safety alongside the brilliant and dedicated individuals of the FBI,” said the plaintiff.

He further stated, I exhibited that banner – which in 2021 was raised before the Wilshire federal building – not to make a political point, but rather as an emblem of inclusion, unity and equal service.

These principles that once made the FBI strong. Now it is a place where individuals such as myself are targeted. I am convinced I was fired not on account of my identity, but rather because of what I represent: an openly gay individual,” he said.

Unexpected Termination Just ahead of Completion

In the past months, Maltinsky gained admission to the FBI special agent training program at Quantico, Virginia, before his “abrupt dismissal only weeks prior to graduation”.

The complaint further alleges that eventually subsequent to the 2017 inauguration, another employee expressed an alleged concern to Maltinsky’s direct supervisor concerning the exhibition of the rainbow banner.

As a precaution, the plaintiff requested that the legal advisor for the Los Angeles field office examine if the exhibition of the symbol was permissible,” the filing stated.

It added, The legal officer informed the plaintiff that showing of the banner complied with any bureau guidelines.”

Notification of Dismissal

Nevertheless, on 1 October, the plaintiff was notified of his termination.

In a letter cited in the lawsuit, bureau chief the director commented, I have concluded that you exercised bad decision-making with the presence of a partisan emblem in your office while previously assigned at the Los Angeles Field Office.

Under Article II of the Constitution, and statutes of the U.S., your job with the FBI is hereby terminated.”

Lawyer Remarks

In a release released on Wednesday, his legal representative his counsel said, The government’s illegal termination is a component of a larger campaign to purge public offices of employees with divergent opinions, or belong to underrepresented communities, or individuals that oppose discrimination.

“David’s fight is not only for him, but also about ensuring the rights and freedoms of all federal employees.”

Bureau Reaction

The agency did not provide a statement on the lawsuit.

Related Legal Cases

This legal action is subsequent to a separate case filed in September by previous top agency personnel that claimed they had been improperly dismissed.

They claimed that the official stated he had been ordered by the administration to dismiss any agent involved in an investigation concerning Donald Trump.

At the same time, the FBI fired an experienced official in November after the director allegedly grew upset over news that the FBI director used an official aircraft to be present at a match during which his partner sang the anthem.

Steven Palmer, an FBI employee for over two decades, was dismissed from leading the agency’s response team, which manages major security threats and the bureau’s aircraft.

Shelby Brooks
Shelby Brooks

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