A former FBI trainee, David Maltinsky, is pressing forward with his discrimination lawsuit after being dismissed over a Pride flag display. His attorneys are urging a federal judge in Washington, D.C., to allow discovery — the process of obtaining internal FBI records and testimony — while the Justice Department seeks to narrow the case.

Maltinsky, who had worked with the bureau for more than 16 years and was nearing graduation from the FBI Academy, was terminated in October 2025 by Director Kash Patel. The dismissal letter cited “poor judgment” for displaying what was described as political signage: a Progress Pride flag. According to Maltinsky, the flag had previously flown outside the Los Angeles federal building and was entrusted to him in recognition of his work supporting LGBTQ+ colleagues.

His legal team argues that the firing represents unlawful discrimination and retaliation under Title VII of the Civil Rights Act. They note that other employees were permitted to display symbols such as thin blue line flags and Gadsden flags, while Maltinsky’s Pride flag was singled out. They also emphasize that the FBI’s own legal counsel had earlier determined the display violated no policy.

The Justice Department counters that the flag did not explicitly identify Maltinsky’s sexual orientation and that his prior equal employment work was too distant in time to establish retaliation. Nevertheless, his attorneys insist the connection between the Pride flag and LGBTQ+ identity is obvious, likening it to firing someone for wearing a Star of David necklace.

Maltinsky has warned that his dismissal sent shockwaves through the bureau, with LGBTQ+ employees fearing a modern‑day “Lavender Scare.” His lawyers argue that delaying discovery risks fading memories and lost documents, and they are pressing the court to let the case move forward without further delay.