A veteran Federal Bureau of Investigation intelligence specialist has filed a lawsuit claiming his let go for exhibiting a Pride flag within his office space.
As per the former employee, who worked with the bureau for 16 years, the dismissal earlier this year was “unconstitutional and politically motivated”.
Court Action Alleges Free Speech Breaches
The legal filing argues that the agency violated the plaintiff’s constitutional rights and engaged in punitive measures against him because of engaging in protected communication.
Maltinsky is asking for a judicial directive to reinstate his employment with the FBI.
Information from the Legal Filing
The 18-page lawsuit, submitted in a Washington court for the District of Columbia, states that the plaintiff was terminated from the FBI academy recently over before exhibiting the flag on his desk.
Per the complaint, the LGBTQ+ banner was presented to the plaintiff to acknowledge his contributions to advance the bureau’s inclusion programs.
“From a young age, all I have wanted to do has been to serve the United States and safeguard public safety beside the brilliant and dedicated personnel in the bureau,” said the plaintiff.
He continued, “I displayed that symbol – which in 2021 was raised before the Los Angeles office – not for political reasons, but rather as an emblem of inclusion, unity and equal service.
These ideals that once made the FBI strong. Now it is a place where employees like me are singled out. I think I was dismissed not on account of who I am, but rather because of what I represent: a homosexual man,” he affirmed.
Sudden Dismissal Prior to Completion
Recently, the employee was accepted into the bureau’s agent training program at Quantico, Virginia, until what he called “sudden termination shortly before finishing”.
The complaint also claims that at some point subsequent to the presidential inauguration, another employee reported an alleged concern to Maltinsky’s direct supervisor about the presence of the Pride flag.
To be safe, the plaintiff sought that the top lawyer for the local bureau review whether the presence of the Progress Pride flag was acceptable,” the complaint stated.
It further mentioned, “The Chief Division Counsel told the employee that exhibiting of the flag did not violate any policy, rule, or regulation.”
Notice of Termination
Despite this, on 1 October, the employee was informed of his firing.
In a document cited in the filing, bureau chief the official stated, I have concluded that you used improper judgment with an inappropriate display of a political symbol in your work area during your previous assignment at the Los Angeles Field Office.
In accordance with Article II of the U.S. Constitution, and statutes of the U.S., your employment with the Federal Bureau of Investigation is hereby terminated.”
Legal Statement
In a statement issued this week, his attorney the attorney said, The current leadership’s unlawfully firing him is a component of an extensive initiative to rid government departments of employees with alternative perspectives, or are from marginalized groups, or who dare speak out against bias.
This battle goes beyond his situation, but also about ensuring the entitlements and freedoms of all public servants.”
Department Reply
The bureau declined to comment on the lawsuit.
Similar Proceedings
Maltinsky’s lawsuit follows another one lodged recently by three former high-level bureau employees who alleged they’d been improperly dismissed.
They stated that Patel stated he had been ordered by the president’s office to dismiss any official involved in a probe regarding the former president.
At the same time, the agency fired an experienced official in November after the official reportedly became furious over news that the agency head used a federal plane to go to a sports event where his girlfriend performed the anthem.
The official, an agency staffer for many years, was fired from leading the agency’s response team, responsible for significant risks and the agency’s jet fleet.
