Footnote 26

Rarely, an African-American plaintiff will claim that a lighter-skinned African-American discriminated against him on account of his darker color. See, e.g., Georgia Applebee's Restaurant Settles Case of Black-on-Black Discrimination, 21 Empl. Discrimination Rep. (BNA) 213, 213 (Aug. 13, 2003) (discussing EEOC v. Applebee's Neighborhood Grill & Bar of Ga., Inc., No 02-CV-0829, consent order approved July 10, 2003). None of the cases in our data base presented this scenario.