Avery

I. FACTUAL BACKGROUND

23 TEK is an “IT [Information Technology] staffing and services company.” (Dkt. No. 101-4 24 at 10; see also Dkt. No. 101-27 at 5 (TEK describing itself “as in the staffing business”); Dkt. No. 25 101-5 (“Our goal is to become the most dominant recruiting workforce on the planet”).) TEK 26 27 employs persons in dozens of different recruiting positions. (Dkt. No. 101-27 at 5-6.) This lawsuit involves just one of those positions—Recruiters. Recruiters source and screen possible IT consultants to find those who match the job requirements provided by TEK’s clients. (Dkt. No. 101-1 at 9; see also Dkt. Nos. 101-29 at 31; 101-30 at 13; 101-31 at 13; 101-32 at 18; 101-57 at 27.) TEK’s clients—third-party companies— create a “requisition,” “requirement,” or “req” form. (Dkt. No. 101-5 at 25.) The “requirement is a job description” from the client seeking a new employee or some service. (Id.; see also Dkt. Nos. 101-10 at 17; 101-61 (example “Req”).) TEK Account Managers directly communicate with TEK’s clients regarding their hiring needs and requirements. (Dkt. Nos. 5 at 31; 10 at 40, 47; 65 at 4; Ex. 67 at…