David Maltinsky, an intelligence community specialist, formerly served 16 years with the Federal Bureau of Investigation (FBI). Today, he claims wrongful termination after being removed from the FBI special agent training academy in Quantico, Virginia. Maltinsky’s training came to a screeching stop exactly three weeks before graduation. He attributes this extreme move to the hoisting of a Pride flag over his cubicle.
Maltinsky had flown the Pride flag legitimately and with the enthusiastic support of his direct supervisors. The flag was given to him as a gesture of appreciation for his efforts to strengthen the FBI’s diversity outreach program. In 2021, that same flag unnoticed, proudly flew in front of the Wilshire Federal Building in Los Angeles. The march itself was a powerful symbol of inclusion and unity.
When a co-worker complained, it triggered an inquiry into Maltinsky’s impotence display of the Pride flag. On October 1, he got news of his firing. The letter specifically cited “poor judgment” for what they called a “partisan political” display of political signage. It’s no surprise that Kash Patel signed this letter. In response, Dartmouth’s president asserted that they had carried out the termination pursuant to Article II of the United States Constitution.
Maltinsky’s original 18-page complaint was filed into the U.S. District Court for the District of Columbia. He claims that his dismissal was unconstitutional and politically motivated. He suspects that someone is out to purge federal employees of any dissenting views. He views the retaliatory actions taken against him as part of this larger initiative.
“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,” – David Maltinsky
Maltinsky’s attorney, Kerrie Riggs, pointed out the troubling effects his case could have. She said that it’s emblematic of a disturbing trend among federal agencies.
“This administration’s unlawfully firing him is part of a larger campaign to rid federal agencies of employees who may have different viewpoints, or are from marginalized groups, or who dare speak out against discrimination,” – Kerrie Riggs
The ramifications of Maltinsky’s firing come during increased focus on federal agencies’ hiring and employment practices as they relate to workplace diversity and inclusion. His lawsuit follows on the heels of three other former senior FBI executives putting their own legal action in motion back in September. They alleged wrongful termination under like circumstances.
As far as public service goes, Maltinsky is all in. He has always dreamed of serving his country in this capacity and doing so with dedicated colleagues at the FBI.
“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,” – David Maltinsky
The case presents important issues regarding federal workplace policies that govern diversity, expression, and inclusion within our federal agencies. Maltinsky is seeking a court order to restore his position within the FBI as he navigates this challenging period in his career.