A Superior Court judge heard legal arguments Thursday in a Boston Globe lawsuit seeking to compel a former employee to answer questions about allegations she made on social media against the paper’s editor, Brian McGrory.
The Globe is seeking an injunction against Hilary Sargent, a former writer and editor for the Globe-owned website Boston.com, who wrote on Twitter in May that McGrory sent her an inappropriate text message. The newspaper maintains that Sargent’s separation agreement from the company requires her “reasonable’’ cooperation with any investigation arising from her employment.
Judge Christine M. Roach directed lawyers for the Globe and for Sargent to update her on the status of the dispute by Friday afternoon, before she begins to write her ruling.
In his arguments, Globe lawyer Mark Batten told Roach the Globe cannot complete its investigation into the allegations without Sargent’s cooperation.
Roach pressed Batten on the point: Why can’t the paper investigate without Sargent, and reach the best conclusion it can with the available facts?
Batten responded that the paper wants to make the right decision in handling the allegations, and has an obligation to conduct the most thorough possible investigation so employees will have confidence in the company’s ability to handle such complaints.
Sargent’s lawyer, Jack Siegal, argued that the “cooperation’’ clause in Sargent’s separation agreement is too vague to be enforceable. He questioned what “reasonable’’ cooperation would involve, asking how long an interview might take and whether a lawyer for Sargent could attend.
The Globe filed its complaint days after Sargent posted a screenshot of a text exchange on Twitter in which one of the parties asks the other, “What do you generally wear when you write?’’
She attributed the question to McGrory. The screenshot does not indicate the date of the exchange.
In court filings, Sargent has said she did not have the original text exchange and could not say if it occurred during her employment at Boston.com, where she worked from 2014 to 2016. Her filing said the message she posted on Twitter was representative of other “inappropriate and sexually suggestive’’ messages McGrory sent her while she worked at Boston.com. The filing did not provide other text messages.
McGrory has denied harassing Sargent and has said he is fully cooperating with the Globe’s inquiry.
Batten said in court Thursday the newspaper wants whatever information Sargent can provide on the additional text messages she says she received.
Sargent’s filing included copies of e-mails she sent to top Globe managers in late 2017, urging the paper’s leadership to examine how women have been treated within its own ranks and offering to discuss the issue. She has said she did not receive a response.
Sargent attended Thursday’s hearing but did not address reporters afterward. Siegal declined to comment after the hearing, referring reporters to the documents filed in the case.
McGrory has recused himself from oversight of the Globe’s coverage of the allegations and the related lawsuit.
Mark Arsenault can be reached at mark.arsenault@globe.com.
