A former Federal Bureau of Investigation (FBI) employee has filed a lawsuit against the FBI and the U.S. Department of Justice (DOJ), alleging he was unjustly terminated for displaying a Pride Flag in his office, according to court documents filed in the U.S. District Court for the District of Columbia.
The lawsuit, brought by David Maltinsky, a longtime intelligence specialist at the FBI, claims his termination was retaliatory and discriminatory, linked to his expression of LGBTQ+ identity rather than any professional misconduct. Maltinsky joined the FBI in 2009 and displayed a Progress Pride Flag, which had previously flown outside the FBI’s Wilshire Federal Building in Los Angeles in 2021. The flag was gifted to him by the agency, and he had displayed it in his office for several years with the approval of two FBI supervisors, according to the complaint.
Allegations of Retaliation and Discrimination
The lawsuit asserts that FBI Director Kash Patel fired Maltinsky in October 2025, citing an alleged “inappropriate display of political signage” during his prior assignment at the Los Angeles Field Office. Maltinsky and his attorneys argue that the firing was not about workplace conduct, but retaliation against his personal identity as a gay man.
“I believe I was fired not because of who I am, but what I am: a proud gay man,” Maltinsky said in a statement. His legal counsel, Christopher Mattei of Koskoff Koskoff & Bieder, emphasized that the display of the Pride Flag constitutes personal expression, not partisan politics, and that the firing represents a clear case of viewpoint discrimination and retaliation.
Career and Achievements at the FBI
At the time of his termination, Maltinsky had completed 13 of 16 weeks at the FBI Special Agent Training Academy at Quantico. He had previously served as an intelligence specialist supporting public corruption and cybercrime investigations. Maltinsky also received multiple accolades for diversity and inclusion, further highlighting the discrepancy between his professional record and the agency’s rationale for termination.
The complaint alleges that Patel’s actions violated Maltinsky’s First and Fifth Amendment rights, claiming retaliation for protected expression, denial of equal protection, and discriminatory treatment based on sexual orientation. Maltinsky’s legal team has stated that he is primarily seeking reinstatement at the agency.
Broader Context
This lawsuit emerges amid broader tensions under the Trump administration regarding diversity, equity, and inclusion initiatives within federal agencies. Critics have noted an increase in federal employee terminations during this period, often linked to internal debates over workplace policies and protected expression.
The FBI has not yet responded publicly to requests for comment on the lawsuit.
Conclusion
The David Maltinsky lawsuit highlights ongoing challenges faced by LGBTQ+ federal employees navigating workplace rights and protections under the First and Fifth Amendments. The case could set an important precedent for free expression, retaliation claims, and diversity protections within federal agencies, especially as debates continue over the scope of political and personal expression in government workplaces.
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