Is e entitled to part of the settlement if EEOC was filed five months after separation?

The answer may depend upon whether the law of your state characterizes personal injury claims as marital property, and also exactly how the ultimate proceeds of the EEOC action are characterized (e.g. lost wages, punitive damages, general damages, etc.) If the proceeds of the EEOC claim are for lost wages arising before you two were separated, then it is almost certainly marital (i.e. community) property, and is available for division by the Court. Your lawyer in the EEOC process (or the legal separation) can likely advise you more particularly about this.