658
Opinion of Rehnquist, C. J.
that her asymptomatic HIV status brings her within the first definition of a "disability." 1 She must therefore demonstrate, inter alia, that she was (1) physically or mentally impaired and that such impairment (2) substantially limited (3) one or more of her major life activities.
Petitioner does not dispute that asymptomatic HIV-positive status is a physical impairment. I therefore assume this to be the case, and proceed to the second and third statutory requirements for "disability."
According to the Court, the next question is "whether reproduction is a major life activity." Ante, at 638. That, however, is only half of the relevant question. As mentioned above, the ADA's definition of a "disability" requires that the major life activity at issue be one "of such individual." § 12102(2)(A). The Court truncates the question, perhaps because there is not a shred of record evidence indicating that, prior to becoming infected with HIV, respond-ent's major life activities included reproduction 2 (assuming
1 Respondent alternatively urges us to find that she is disabled in that she is "regarded as" such. 42 U. S. C. § 12102(2)(C). We did not, however, grant certiorari on that question. While respondent can advance arguments not within the question presented in support of the judgment below, Trans World Airlines, Inc. v. Thurston, 469 U. S. 111, 119, n. 14 (1985); Dandridge v. Williams, 397 U. S. 471, 475, n. 6 (1970), we have rarely addressed arguments not asserted below. It was the United States, not respondent, that asserted the "regarded as" argument below. The Court of Appeals declined to address it, as should we.
In any event, the "regarded as" prong requires a plaintiff to demonstrate that the defendant regarded him as having "such an impairment" (i. e., one that substantially limits a major life activity). 42 U. S. C. § 12102(2)(C) (emphasis added). Respondent has offered no evidence to support the assertion that petitioner regarded her as having an impairment that substantially limited her ability to reproduce, as opposed to viewing her as simply impaired.
2 Calling reproduction a major life activity is somewhat inartful. Reproduction is not an activity at all, but a process. One could be described as breathing, walking, or performing manual tasks, but a human being (as opposed to a copier machine or a gremlin) would never be described as reproducing. I assume that in using the term reproduction, respondent and the Court are referring to the numerous discrete activities that com-
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