What is the test for maintaining a discrimination claim against a municipality or individual in their official capacity?

In order for a Section 1983 or Section 1981 action claiming discrimination to be maintained against a municipality or individual in their official capacity, the allegedly discriminatory acts must have been performed pursuant to a municipal policy or custom. Patterson v. County of Oneida, 375 F.3d 206, 226 (2d Cir. 2004). It is sufficient to show that "a discriminatory practice of subordinate employees was so manifest as to imply the constructive acquiescence of senior policy-making officials." Id. (internal quotation marks and citations omitted). Inaction and acquiescence may allow harassment to become custom and practice. See Matusick v. Erie Cty. Water Auth., 757 F.3d 31, 63 (2d Cir. 2014).