The Department of Justice stated in an opinion that federal law does not prohibit private businesses and public agencies from requiring COVID-19 vaccinations when they are required by emergency use authorization.

Three major government entities – the U.S. Department of Veterans Affairs, California and New York City – said Monday they would require some or all of their government employees to get vaccinated or be tested weekly. The vaccines are still awaiting full approval from the Food and Drug Administration.

“As access to the COVID-19 vaccines has become widespread, numerous educational institutions, employers, and other entities across the United States have announced that they will require individuals to be vaccinated against COVID-19 as a condition of employment, enrollment, participation, or some other benefit, service, relationship, or access,” DOJ’s Office of Legal Counsel wrote in an opinion. “For instance, certain schools will require vaccination in order for students to attend class in person, and certain employers will require vaccination as a condition of employment.” 

This opinion points out that some people have questioned whether such entities are legally allowed to impose such requirements.

In the opinion, the DOJ Office of Legal Counsel says the law concerning emergency use authorizations (EUAs) “does not prohibit public or private entities from imposing vaccine requirements, even when the only vaccines available are those authorized under EUAs.”

The VA was the first federal agency to announce it would require all patients-facing employees to get vaccinated against COVID-19.

Last week, during a White House press briefing, press secretary Jen Psaki suggested that every White House official had been offered a COVID-19 vaccine, but clarified Friday that the White House was not requiring officials to be vaccinated. 

“No, we have not mandated it,” Psaki responded, after being asked whether the administration was mandating White House staff receive a coronavirus vaccine. 

Psaki didn’t give a number for how many White House officials were vaccinated against this novel coronavirus. However, she said that they can track the number of White House staff members because they “are vaccinated here at the White House medical unit.”