Former Federal Bureau of Investigation Staff Member Asserts Wrongful Termination Over LGBTQ+ Banner Exhibition

A long-serving Federal Bureau of Investigation analyst has initiated a lawsuit stating he was dismissed on account of exhibiting a Pride flag in his office space.

According to the plaintiff, that served for the FBI for 16 years, the dismissal earlier this year was “illegal and discriminatory”.

Court Action Asserts First Amendment Violations

The legal filing contends that the FBI violated the employee’s constitutional freedoms and initiated retaliatory action toward him due to engaging in legally safeguarded communication.

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

Information from the Lawsuit

The 18-page lawsuit, lodged in a Washington court in the nation’s capital, states that the employee was dismissed from the FBI academy recently because of earlier displaying the banner in his workspace.

Per the complaint, the Pride flag was presented to the plaintiff in recognition of his efforts to promote the FBI’s equality efforts.

Early on, my goal was to serve my country and safeguard public safety beside the skilled and devoted individuals at the agency,” said the former employee.

He further stated, I exhibited that symbol – that previously flew in front of the Wilshire federal building – not for political reasons, but as a symbol of diversity, togetherness and fair treatment.

These principles that helped build a robust FBI. Now it is a place where individuals such as myself are singled out. I think I was dismissed not because of my identity, but rather because of what I represent: a proud gay man,” he concluded.

Abrupt Firing Before Completion

Earlier this year, Maltinsky was accepted into the FBI special agent training program at the FBI facility, up until what he called “abrupt dismissal shortly before graduation”.

The filing also claims that eventually subsequent to the 2017 inauguration, another employee raised an issue to Maltinsky’s direct supervisor regarding the exhibition of the rainbow banner.

“Out of an abundance of caution, the plaintiff sought that the top lawyer for the Los Angeles field office examine if the presence of the Progress Pride flag was allowed,” the filing said.

The document continued, The legal officer advised the employee that the display of the symbol complied with any bureau guidelines.”

Notification of Dismissal

Despite this, in early October, the plaintiff received notice of his termination.

In a document cited in the complaint, agency head Kash Patel wrote, I have concluded that you demonstrated improper judgment by exhibiting of a partisan emblem in your office while previously assigned at the L.A. bureau.

“Pursuant to Article II of the U.S. Constitution, and the laws of the nation, your position with the Federal Bureau of Investigation is concluded.”

Lawyer Comment

In a statement released recently, his attorney his counsel remarked, “This administration’s wrongful dismissal is a component of a broader effort to rid federal agencies of workers that possess alternative perspectives, or belong to marginalized groups, or those who oppose discrimination.

His case is not just about him, but involves protecting the entitlements and freedoms of all public servants.”

Department Response

The FBI refused to respond about the legal action.

Similar Legal Cases

This legal action follows an additional filing filed in September by previous senior FBI officials who alleged they were unlawfully fired.

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

At the same time, the agency fired an experienced official in November subsequent to Patel reportedly became furious by reports that the FBI director had taken a government jet to go to a sports event where his girlfriend sang the Star-Spangled Banner.

The veteran, an FBI employee since 1998, was dismissed as head of the bureau’s emergency unit, which manages major security threats and the bureau’s aircraft.

Jennifer Murphy DVM
Jennifer Murphy DVM

Sustainable architect and writer passionate about eco-friendly construction and innovative dome designs.