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An experienced FBI intelligence specialist has brought legal action claiming he was dismissed for having an LGBTQ+ banner at his workstation.

Based on David Maltinsky, that worked for the FBI since 2009, the dismissal earlier this year is being described as “illegal and discriminatory”.

Legal Case Claims First Amendment Violations

The lawsuit argues that the FBI infringed upon Maltinsky’s free speech freedoms and initiated punitive action against him for participating in constitutionally covered communication.

The former specialist is requesting a judicial directive to reinstate his employment within the agency.

Particulars of the Lawsuit

The 18-page lawsuit, submitted in federal court in Washington, D.C., claims that the plaintiff was terminated from his training in October because of previously showing the banner in his workspace.

According to the complaint, the LGBTQ+ banner was presented to Maltinsky to honor his work to support the agency’s equality efforts.

Since childhood, my goal was to serve my country and ensure its security alongside the talented and committed personnel at the agency,” stated Maltinsky.

He continued, I exhibited that Pride flag – which in 2021 was raised before a federal building – not to make a political point, but as a symbol of diversity, togetherness and fair treatment.

These ideals that previously strengthened the bureau effective. Now it is a place where employees like me are singled out. I believe I was dismissed not due to my identity, but due to my being: a homosexual man,” he affirmed.

Abrupt Dismissal Just ahead of Finish

Recently, Maltinsky was enrolled in the federal agent training program at Quantico, Virginia, up until what he described as “abrupt dismissal only weeks prior to graduation”.

The lawsuit additionally states that eventually subsequent to the presidential inauguration, an colleague reported an alleged concern to Maltinsky’s direct supervisor regarding the presence of the rainbow banner.

“Out of an abundance of caution, the plaintiff requested that the top lawyer for the local bureau assess whether the display of the Progress Pride flag was acceptable,” the complaint said.

It added, “The Chief Division Counsel advised Maltinsky that exhibiting of the flag did not violate the agency’s standards.”

Notice of Firing

Nevertheless, on 1 October, the plaintiff was informed of his dismissal.

In a letter referenced in the complaint, FBI director Kash Patel commented, I decided that you demonstrated improper judgment with the presence of a partisan emblem in your office during your previous assignment at the Los Angeles Field Office.

Under federal law of the U.S. Constitution, and statutes of the United States, your job with the FBI is hereby terminated.”

Attorney Comment

In a statement issued recently, Maltinsky’s lawyer his counsel said, “This administration’s wrongful dismissal is a component of an extensive initiative to remove government departments of staff that possess divergent opinions, or belong to minority populations, or individuals that challenge prejudice.

His case is not only for him, but involves protecting the entitlements and freedoms of all federal employees.”

Department Reaction

The bureau refused to respond regarding the case.

Related Legal Cases

This legal action comes after another one submitted earlier by ex- high-level bureau employees who said they’d been improperly dismissed.

They stated that the director stated he had been instructed by the president’s office to fire any employee involved in an investigation concerning Donald Trump.

Additionally, the FBI terminated a nearly three-decade veteran earlier this month after the director reportedly became furious over news that the agency head flown on a government jet to be present at a wrestling event where his girlfriend rendered the anthem.

The veteran, an FBI employee for over two decades, was removed from leading the FBI’s critical incident response group, which manages serious incidents and FBI planes.