Without knowing specifics of the situation or the people, the only answer I could give is "probably not."
It's possible that if the comments are extreme to the point of abusive, involve racial slurs, or other personal comments that get into 'protected status' issues, that it could be argued that he is creating a hostile work environment, which would be an EEOC issue, but that's very hard to prove.
Note: I am not an attorney, and cannot give legal advice or
assistance. The material offered is for informational purposes only, and is not
intended to substitute for obtaining the advice of an attorney.