For purposes of findings under this chapter, probable cause is defined as a determination that it is more likely than not that the charging party and members of a class, or both, were discriminated against based on a violation of this chapter. The likelihood that discrimination occurred is assessed based upon evidence that establishes a prima facie case, and if the respondent has provided a viable defense, whether there is evidence of pretext.
S.D. Codified Laws § 20-13-1.1
Probable cause defined
Known as the South Dakota Human Relations Act
The act spans §§ 20-13-1 to 20-13-9 (84 sections).
Applied in 6 court decisions — leading case Erdahl v. Groff (1998)
Most recently applied in Riggs v. Bennett Cnty. Hosp. & Nursing Home (June 2018)
Source: SL 1996, ch 246.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.