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apprenticeship or other training program, in comparison with the <br /> total number or percentage of persons of such race, color, <br /> religion, sex, national origin, age, or marital status in the <br /> community, State, section, or other area . <br /> (j ) With respect to discrimination based on age, it is not <br /> unlawful for a covered entity to take any action otherwise <br /> prohibited under subsections (a) , (b) , (c) , (d) or (e) of Section 4 . 1 <br /> of this Article : <br /> (1) Where the differentiation is based on reasonable factors <br /> other than age; <br /> (2 ) Where such practices involve an employee in a workplace in <br /> a foreign country, and compliance with those subsections would <br /> cause such employer, or a corporation controlled by such employer, <br /> to violate the laws of the country in which such workplace is <br /> located; or <br /> (3 ) To observe the terms of a bona fide seniority system that <br /> is not intended to evade the purposes of this Article, except that <br /> no such seniority system shall require the involuntary retirement <br /> of any individual who is at least 40 years of age because of the <br /> age of such individual ; or <br /> (4) To observe the terms of a bona fide employee benefit plan : <br /> a. Where, for each benefit or benefit package, the actual <br /> amount of payment made or cost incurred on behalf of an older <br /> worker is no less than that made or incurred on behalf of a <br /> younger worker, as permissible under section 1625 . 10 , Title <br /> 29 , Code of Federal Regulations, as in effect on June 22 , <br /> 22 <br />