Has the EEOC ever sued employers over their disparate impact discrimination against American citizens?

By definition, the H-1B visa program has 100% disparate impact discrimination on American citizens. A decade ago, American citizen Dana A. Rothrock filed a complaint with the EEOC pointing out that he couldn't get hired for a computer job at the Texas Department of Criminal Justice, which was using H-1B visas to hire Filipinos and other foreign nationals, since he was an American.

On May 28, 2003, the EEOC explained that they were rejecting his complaint because [here and here]:

While Title VII does not prohibit citizenship discrimination per se, citizenship discrimination does violate Title VII where it has the "purpose or effect" of discriminating on the basis of national origin.

Employment discrimination against a national origin group includes discrimination based on a group of people sharing a common language, culture, ancestry, and/or other similar social characteristics. American is not a national origin group as defined by Title VII of the Civil Rights Act, as amended. ...

Sincerely, Roberto Coronado Federal Investigator

Shouldn't the EEOC's official motto be "Who? Whom?"