Maybe. I had two different hiring managers in two different companies explicitly tell me and others to hire women or PoC. Yes it was illegal. No one cares.
I had an internship at a place like that and the first disabled woman of color to apply would have been practically guaranteed a job. Needless to say I didn't end up working there after the internship - if they're willing to break labor laws just to improve metrics then what's stopping them from trying to cheat their employees.