One-time FBI Staff Member Claims Wrongful Dismissal Due to Pride Banner Exhibition
A veteran Federal Bureau of Investigation intelligence specialist has brought legal action alleging his let go for exhibiting a rainbow symbol within his desk area.
Based on the plaintiff, who served for the FBI over a decade and a half, the firing recently was “unconstitutional and politically motivated”.
Judicial Case Asserts Free Speech Violations
The lawsuit contends that the FBI breached the plaintiff’s free speech freedoms and took disciplinary action in his case because of engaging in protected communication.
The plaintiff is seeking a court order to restore his position at the bureau.
Information from the Complaint
The 18-page filing, lodged in federal court in Washington, D.C., states that the plaintiff was terminated from the Quantico facility last month for before exhibiting the banner at his workstation.
According to the filing, the LGBTQ+ banner was given to the employee in recognition of his work to advance the agency’s inclusion programs.
Early on, my only desire was to serve the nation and protect its security beside the talented and committed men and women of the FBI,” said the former employee.
He continued, I showed that banner – which in 2021 flew in front of a federal building – not as a political statement, but as a representation of diversity, togetherness and fair treatment.
These ideals that once made the FBI strong. Today it has become where people like me are singled out. I believe I was fired not due to who I am, but what I am: an openly gay individual,” he affirmed.
Unexpected Dismissal Before Finish
Earlier this year, the employee was enrolled in the FBI special agent training academy in Virginia, before what he described as “abrupt dismissal just three weeks before graduation”.
The filing further alleges that later following the presidential inauguration, a co-worker raised a complaint to his manager about the presence of the Pride flag.
To be safe, the employee asked that the top lawyer for the local bureau assess whether the exhibition of the LGBTQ+ banner was allowed,” the filing stated.
It added, The advisor informed the employee that showing of the banner complied with any policy, rule, or regulation.”
Informing of Termination
However, in early October, Maltinsky received notice of his firing.
In correspondence cited in the filing, agency head Kash Patel wrote, I decided that you used bad decision-making with an inappropriate display of political signage in your office during your previous assignment at the L.A. bureau.
In accordance with the Constitution of the United States Constitution, and regulations of the nation, your position at the bureau is concluded.”
Attorney Comment
In a statement released on Wednesday, Maltinsky’s lawyer Kerrie Riggs said, The current leadership’s unlawfully firing him is part of a larger campaign to remove public offices of workers who may have alternative perspectives, or represent underrepresented communities, or those who challenge discrimination.
“David’s fight goes beyond his situation, but about securing the liberties and protections of all public servants.”
Department Response
The bureau declined to comment on the lawsuit.
Related Lawsuits
Maltinsky’s lawsuit is subsequent to a separate case filed in September by three former top agency personnel who alleged they were wrongfully terminated.
They claimed that the director claimed he was directed by the administration to dismiss any employee associated with a probe concerning Donald Trump.
At the same time, the agency dismissed a nearly three-decade veteran in November following the official was said to be angered over news that the agency head had taken an official aircraft to go to a wrestling event during which his partner rendered the anthem.
The official, a bureau veteran since 1998, was removed from leading the agency’s response team, responsible for serious incidents and the bureau’s aircraft.