I mean, they say outright they hire old people and they hire young people. So I think you can make the argument fairly easily that that group includes everyone and that they are not discriminating.
For most US jurisdictions, intent is required on the part of the obstructing party, but in a minority of jurisdictions, negligence is enough.
I suspect this is why there's a clause in most employment agreements that I've signed, where the employee has to represent that they are free to enter into the agreement.
We can look at: Louis Rossmann soliciting firmware, tools, schematics, and parts from people. He's started that he feels he is, at best, in a legal grey area. At worst, he's paying people to exfiltrate intellectual property and trade secrets from Apple.
Moonlighting can look like industrial espionage if you squint really hard.