#1.Although my position was "eliminated" I was bullied, harassed and discriminated against once a manger got a lateral promotion. She focused in on me and made my life a living hell. EEOC is now involved as well as an attorney who is reviewing my case. I also had a reference check done on myself through and agency and my last employer is just not answering the request. Should I check yes or no?

#2. Does it raise red flags to say not to contact your last emploer esp if one has been out of work for 6 months?

#3. I do not know what to do, because I know not everything is done on paper; it can be a personal conversation.

HELP! I am filling out an application now.

Do you really want this job?
I would never mention a suit against a former employer unless/until you win (not even sure I would then). I would not mention this last job at all. Say you had been taking care of a sick relative and getting paid for it, and have only been without work for 3 weeks. You would only say 'don't contact' unless you are still working there.
Yes, people lie to get jobs. I did. Make sure your 'filler' job is very clear in your mind, down to names, references, wages, places, and exact dates. Personal care is a good one. Or you had to move to your sister's when her husband died and she has 3 kids - something. And while doing it, you brushed up on computer skills like Word and Excel or whatever software you are good at.
Of course a lot of this depends on how valuable any new skills were at this last job and how long you had it.