concurring & dissenting.
[¶ 50] I concur in parts I through IV B 1 of the majority opinion. I dissent to part IV B 2 of the majority opinion because I do not believe, as a matter of law, the Human Rights Act, Chapter 14-02.4, NDCC, is intended to protect as “lawful activity off the employer’s premises during nonworking *823hours” sexual activity, alone or with others, in a bathroom in a store in a shopping mall.
[¶ 51] James H. O’Keefe, Surrogate Judge.