Kosmo Kramer, an employee of H&H Bagels, asked for time off to attend a Festivus party at the Costanzas. Festivus is a very new holiday Mr. Costanza recently invented. His motto is "A Festivus for the Rest of Us!" Because it was the holiday season and the shop was very busy, Kosmo's boss refused to give him time off. Kosmo believed strongly in Festivus, so important he went to the party anyway. When he returned to work the next day, his boss fired him. Kosmo filed a lawsuit claiming he had been fired in violation of his Title VII rights

Will Kosmo prevail? Why? Does H&H Bagels have any defenses?