Offer without salary history: 6 steps from ask to record

Build the offer from the role’s pay, do not seek the applicant’s history, and use history only where the applicant shared it voluntarily ( Maryland law).

Offer without salary history: the short answer

The core practice is to anchor compensation to the job description and internal pay bands. You should not ask applicants for their previous earnings during the interview or on the application form. The Maryland General Assembly text clarifies that an applicant may share wage history voluntarily. This means you can accept that information if the applicant offers it, but you cannot request it. Your offer letter should state the salary based on the position’s requirements and market data, not the applicant’s past compensation. Keep the pay basis tied to the role to maintain a clear, defensible record.

Key takeaways

• Do not ask for history in Maryland at any stage. Maryland permits only confirming wage history the applicant volunteered, to support a higher offer, and only if the higher wage creates no unlawful pay differential.
• Maine’s law includes an exception for employers who inquire about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes Maine Legislature. In Maine, verify if a specific federal or state law requires the disclosure before asking. This carve-out applies only when another law specifically mandates the inquiry.
• Washington allows seeking pay history after the employer has negotiated and made an offer of employment with compensation to the applicant Washington State Legislature.
• Keep your records aligned with these specific state rules to avoid prohibited inquiries.

Steps 1 and 2: set pay from the role and skip the history ask

Step 1: Set pay from the role Build the compensation figure based on the job’s requirements and market data, not the applicant’s past earnings. The Maine Legislature notes that basing compensation decisions on a prospective employee’s history directly perpetuates wage inequality Maine Legislature. To avoid this, anchor your offer to the role’s scope, responsibilities, and internal pay bands. This approach ensures the starting salary reflects the work itself rather than previous pay scales. When you define the pay range for the position, you remove the applicant’s history as a variable in the decision.

Step 2: Skip the history ask Do not request wage history from applicants. Maryland law prohibits seeking wage history for an applicant for employment orally, in writing, or through an employee or an agent or from a current or former employer Maryland General Assembly. This ban covers multiple channels, meaning you cannot ask directly, ask indirectly through a representative, or verify past pay with a previous employer. Remove any salary history questions from your application forms and interview scripts. If an applicant mentions past pay voluntarily, do not probe for more details. Your process should treat the applicant’s previous compensation as irrelevant to the offer calculation.

By establishing pay from the role and strictly avoiding history inquiries, you align with these state-specific prohibitions. This method keeps your hiring process focused on the applicant’s value to the current position. It also prevents the unintended consequence of carrying forward existing pay gaps into your organization.

Next Step Review your current interview guides and application forms to remove any questions or prompts that solicit past salary information.

Steps 3 and 4: use volunteered history and the higher-offer test

When an applicant shares their previous pay without you asking, you have a specific path for using that information. The Maryland General Assembly states that its law does not prohibit an applicant from sharing wage history with an employer voluntarily Maryland General Assembly. This means the applicant controls the initial disclosure. If they choose to tell you their last salary, you are not barred from hearing it. However, hearing it does not automatically mean you can use it to set the new number. The same source limits how you can act on that information. It allows an employer to seek to confirm the wage history voluntarily provided by the applicant for employment to support a wage offer higher than the initial wage offered by the employer Maryland General Assembly. This creates a three-part test for your offer letter. First, the history must be voluntary. Second, the purpose of using it must be to justify a wage offer that is higher than what you initially planned to pay. Third, the higher wage must not create an unlawful pay differential based on protected characteristics. If you are using the history to justify a lower offer, or to meet a budget cap rather than raise the pay, this specific permission does not apply.

Steps 5 and 6: time the ask in Washington and log exceptions

Step 5: Time the ask in Washington. Under RCW 49.58.100, an employer may seek compensation history information from an applicant only after the employer has negotiated and made an offer of employment with compensation to the applicant, according to the Washington State Legislature. This timing carve-out restricts when the inquiry can occur; it does not permit seeking history before that specific point. Do not ask for previous pay during the interview or screening phase. Wait until you have completed negotiations and extended a formal offer that includes compensation. If the applicant volunteers history before the offer, you are not required to seek it. The rule applies specifically to the act of inquiring about compensation history. If you are not inquiring, the timing constraint does not trigger. However, if you do inquire, it must be post-offer. Keep your offer letter dated and clear so you can verify the sequence if questioned.

Step 6: Log the legal exception. Maine’s law includes a specific exception for employers who inquire about compensation history pursuant to any federal or state law that specifically requires the disclosure or verification of compensation history for employment purposes, according to the Maine Legislature. If no such specific legal requirement exists, the general prohibition on seeking history remains in effect. Do not assume a general compliance need triggers this exception. If you rely on this exception, document the specific federal or state law that compels the inquiry. Note the date, the specific legal citation, and the reason for the inquiry. This record distinguishes a legally required verification from a prohibited history ask.

Salary history rules reference table by publisher

The table below lists, for each publisher, the prohibited action, allowed exception or timing, and enforcement or remedy. Each row maps a publisher to its specific statutory language regarding each action.

Check the "Allowed Exception or Timing" column to see where your specific inquiry fits within the statutory limits before you send the offer.

What to keep on file for each offer

Store the documentation that supports your pay decision, such as a hiring decision debrief, so you can answer questions about how the number was set. In Maine, the law states that this section may be enforced pursuant to section 626‑A, according to the Maine Legislature. This enforcement route means your records should be ready for review under that specific statutory mechanism. The same source notes that a civil action provided pursuant to section 626‑A may be brought to enforce the section by or on behalf of a person affected by a violation, or by the Department of Labor on behalf of such a person. The plaintiff may also seek judgment for compensatory damages, so your files should contain the basis for the offer independent of any prohibited history inquiry.

In Colorado, current law authorizes the director of the division of labor standards and statistics in the department of labor and employment, according to the Colorado General Assembly. This authority includes providing legal resources concerning alleged wage inequity and promulgating rules as necessary for this purpose. Because this division handles complaints, your offer files should clearly document the role-based pay range and any exceptions you logged, allowing you to respond to a mediation request with specific, role-focused data rather than applicant-specific history.

Keep a record of the pay range you established for the role, the specific factors you considered in setting the offer, and any notes on how you avoided seeking salary history. If an applicant voluntarily shared history, note that you used it only to confirm a higher offer and that you tested for unlawful pay differentials. These records support your position that the offer was based on the job requirements and internal equity, not on the applicant’s past earnings. Maintain these documents in a secure location accessible to HR leadership, ensuring that the rationale for the pay decision is clear and defensible.

Action Step

Review your current offer letter to ensure it includes a section for documenting the role-based pay basis and any voluntary history verification steps taken.

Related guides: Accessible job application forms: 5 checks · Applicant data requests: 4 privacy office guides.

FAQ: salary history and offers

How do I make an offer without salary history?

Build the offer from the role's pay and do not seek the applicant's history. Maryland law prohibits seeking wage history orally or in writing, which means you should rely on the position's established compensation range instead. Keep your interview questions focused on the duties and requirements of the job rather than past earnings.

Can I use pay history an applicant volunteers?

In Maryland, an employer may confirm wage history an applicant volunteered to support a higher offer, but only if the higher wage creates no unlawful pay differential based on protected characteristics. An applicant may share wage history voluntarily, so the question is whether you can rely on it. If the differential would be unlawful, you cannot rely on that history.

Does the salary history rule apply in my state?

Check your own state's law, because the rules above cover only Maryland, Maine, Washington, and Colorado. Because these rules are jurisdiction-specific, other states need separate checking. Do not assume a universal state or federal ban exists based solely on these examples.

When can a Washington employer seek pay history?

Washington permits seeking wage history only after the employer has negotiated and made an offer of employment with compensation to the applicant. This timing carve-out restricts inquiries to the post-offer stage, ensuring the initial offer is not influenced by past pay. You must wait until you have negotiated and made an offer of employment that includes compensation before asking.

What happens if an employer breaks Maine's pay history rule?

A civil action may be brought by or on behalf of a person affected by the violation, or by the Department of Labor. The plaintiff may seek judgment for compensatory damages to address the harm caused by the prohibited inquiry. Maine law specifically allows these legal avenues to enforce the compensation history prohibition.