FBI Employee Alleges Wrongful Termination Over Pride Flag

A seasoned employee of the FBI has taken legal action, asserting that he was unjustly terminated for displaying a Pride flag at his desk. The lawsuit names several high-profile defendants, including FBI Director Kash Patel, the Department of Justice, and Attorney General Pam Bondi.

David Maltinsky, an intelligence specialist with 16 years of service in the bureau, claims that his termination earlier this year was both “unconstitutional and politically motivated.” He argues that the FBI violated his First Amendment rights and retaliated against him for exercising his right to free speech.

Maltinsky is pursuing a court order to reinstate his position. His complaint, which spans 18 pages and was filed on Wednesday in the U.S. District Court for the District of Columbia, outlines that he was expelled from the FBI training academy just weeks before graduation due to the display of the Pride flag at his workstation. He had reportedly received support and permission from his supervisors to do so.

The Pride flag, which the FBI had previously flown from its flagpole at its Los Angeles facility, was given to Maltinsky in acknowledgment of his contributions towards the bureau's diversity initiatives. He expressed, “From a young age, all I have wanted to do is serve my country and ensure its security alongside the brilliant and dedicated men and women of the FBI.” Maltinsky joined the agency in 2009 and has spent over a decade involved in public corruption and cybercrime investigations, notably including North Korea's cyberattack on Sony Pictures in 2014.

“I displayed that Pride flag – which in 2021 flew in front of the Wilshire federal building – not as a political statement, but as a symbol of inclusion, unity, and equal service. These are the values that once made the FBI strong. Now it is a place where people like me are targeted. I believe I was fired not because of who I am, but what I am: a proud gay man,” he stated.

Earlier this year, Maltinsky was accepted into the FBI special agent training academy located in Quantico, Virginia. However, he describes his termination as “abrupt,” occurring just three weeks prior to his graduation. According to his lawsuit, following Donald Trump's inauguration on January 20, a colleague raised concerns to Maltinsky's direct supervisor regarding the display of the Pride flag.

In response to the reported concerns, Maltinsky proactively sought guidance from the Chief Division Counsel for the Los Angeles Field Office (LAFO) to determine if displaying the Pride flag and placard was permissible. The Chief Division Counsel reassured him that there were no violations of policy, rule, or regulation regarding the flag's display.

Nonetheless, on October 1, Maltinsky received notification of his termination. In a letter referenced in his complaint, Patel asserted, “I have determined that you exercised poor judgment with an inappropriate display of political signage in your work area during your previous assignment at the Los Angeles Field Office.” This statement has raised questions about the motives behind his dismissal and the policies governing workplace expression.

This case highlights significant issues surrounding workers' rights and LGBTQ+ rights within federal agencies. It brings to the forefront the ongoing debate about how expressions of identity and support for diversity initiatives are perceived in the workplace, particularly in organizations like the FBI.

The lawsuit filed by David Maltinsky not only seeks to restore his job but also serves as a crucial reminder of the importance of protecting workers' rights and fostering an inclusive environment. As the case unfolds, it may have lasting implications for LGBTQ+ individuals in federal employment and the broader discourse of political expression within government agencies.