Hello again and thank you for the additional information. Although it is unlawful to discriminate on the basis of gender, there would have to be strong evidence of disparate treatment because of your gender. Also, since there has been no adverse employment action because of your gender, you would have to have enough evidence to support a "hostile
work environment" harassment claim. In order for that to be established, the behavior must be "severe and pervasive" and based on your gender. The EEOC
and the courts have pretty high thresholds for what amounts to "severe and pervasive" and I have to say that what you have described would not likely meet their threshold, even if they found that these comments were only made to you because of your gender.
That said, you have an absolute right to file a complaint with your HR Department, and under the law you actually have to file a complaint with them, if you ultimately want to take this further to the EEOC and courts. In other words, unless an employee can prove that their reporting the issue would have been fruitless, they must give the employer the opportunity to investigate and resolve the issue. Because this is a case where there has been no adverse employment action (and hopefully won't be) and the behavior is not likely considered to be severe, you are best served by filing a formal report and letting HR handle this. Your employer cannot take any adverse action against you for filing the report. If they did, then at that time you would definitely have a cause of action. In addition, your boss may not even be aware of their paternalistic manner and actions and if HR talks to them, they might get it and just stop. If they don't stop, then, at that time, you can file a complaint with the EEOC and see what they determine in your case.
Please let me know if you need any clarification. I would be glad to assist you further if I can.